Warner v. . Lee
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment in favor of the plaintiffs, on the report of a referee, had heen affirmed. This was an action for money had and received to the use of the plaintiffs, under the following circumstances: *On the 26th April 1845, the plaintiffs were the holders of the promissory note of Osborn & *- Whallon, for $358.75, to mature on the 15th May, then next.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment in favor of the plaintiffs, on the report of a referee, had heen affirmed. This was an action for money had and received to the use of the plaintiffs, under the following circumstances: *On the 26th April 1845, the plaintiffs were the holders of the promissory note of Osborn & *- Whallon, for $358.75, to mature on the 15th May, then next. On the said 26th April 1845, the plaintiffs indorsed the note, in blank, and delivered it to John T. Smith & Co., their brokers, for collection. On the 5th May, John…
1Opinion of the CourtJohnson, J.
— When the defendant received this note, he had notice, from its indorsement, from-the course of business of Smith & Co., with which he .was acquainted, and from the letter which - inclosed the note to him,-that it was placed in their hands for collection only, on account of the owners, the plaintiffs in this suit. Under these circumstances, if he had made advances updn account of it, he could not have held the note, nor its proceeds, against the plaintiffs. (Clark v. Merchants’ Bank, 2 N. Y. 380.) Of course, in this case, where he had made no advances on the faith of the note, he cannot…
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- Scott v. . the Ocean Bank in the City of New YorkNew York Court of Appeals · 1861
- Clark v. . the Merchants' BankNew York Court of Appeals · 1849
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