Patty v. Milne
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in December, 1834, before the Hon. Ogden Edwakds, one of the circuit judges. Bostwick, Gregory & Co., a mercantile firm at Montreal, gave their note to the plaintiff for one thousand dollars, payable 15th September, 1833, at the office of the defendant, in the city of New-York. The note was endorsed by the plaintiff, discounted at a bank in Utica, and sent to New-York for collection.
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This was an action of assumpsit, tried at the New-York circuit in December, 1834, before the Hon. Ogden Edwakds, one of the circuit judges. Bostwick, Gregory & Co., a mercantile firm at Montreal, gave their note to the plaintiff for one thousand dollars, payable 15th September, 1833, at the office of the defendant, in the city of New-York. The note was endorsed by the plaintiff, discounted at a bank in Utica, and sent to New-York for collection. Shortly previous to its falling due, Bostwick, Gregory Sf Co. transmitted to the plaintiff their note for five hundred dollars, and an acceptance of…
1Opinion of the Court
By the Court, Bronson, J.
The judge decided correctly, The one thousand dollars, sent to the defendant on the 10th of September, 1833, was the money of the plaintiff, and he had a perfect right to direct its application. The defendant received the money to the plaintiff’s use, and had no more right to apply it on the account of Bostwick, Gregory & Co. than he had to make any other disposition of the amount for his own benefit. He received the draft through the cashier of the bank, with advice that he was to account for the money to the plaintiff. He also received specific instructions from the…
2Cited by2 opinions
- Arnold v. SpragueSupreme Court of Vermont · 1861
- Miln v. PattyCourt for the Trial of Impeachments and Correction of Errors · 1839