Miller v. Manice
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. Miller, Barton and Tryon, partners in trade doing business in the city of New-York under the name of Miller, Barton & Co., brought an action against Manice, the defendant in error, and declared in trover for three promissory notes drawn by Miller, Barton & Co., and mad*» payable to the order of Manice, Phelps & Co. in eight months; viz. one note for $1376,34, dated February 2d, 1833, another for $2272,89, dated February 7th, 1833, and a third…
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On error from the supreme court. Miller, Barton and Tryon, partners in trade doing business in the city of New-York under the name of Miller, Barton & Co., brought an action against Manice, the defendant in error, and declared in trover for three promissory notes drawn by Miller, Barton & Co., and mad*» payable to the order of Manice, Phelps & Co. in eight months; viz. one note for $1376,34, dated February 2d, 1833, another for $2272,89, dated February 7th, 1833, and a third for $1986,22, dated February 13th, 1833. The declaration also contained counts alleging that the notes were procured…
1Opinion of the Court
Walworth, Chancellor.
The object of this suit is to recover from the defendant Manice the amount of three promissory notes which B. F. Phelps, either with or without the knowledge and concurrence of Manice, obtained from the plaintiff by fraud, and converted to the use of himself and Manice, by delivering them to M. Bullock in payment of two checks of the firm of Manice, Phelps & Co. These two checks were given about the middle of March, 1833, to Bullock, in the name of the firm of which Manice was a member, for moneys tiren lent and advanced upon the credit of those checks. And as Bullock…
2Cases cited7 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Young v. BlackSupreme Court of the United States · 1813
- Lawrence v. HuntNew York Supreme Court · 1833
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Howard v. MitchellMassachusetts Supreme Judicial Court · 1817
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