Atlantic & Pacific Telegraph Co. v. Barnes
The Superior Court of New York City
Exceptions ordered to be heard at general term. In this case a verdict of two hundred and sixty-nine dollars and sixty-seven cents was directed for the plaintiff, at the trial term, exceptions to be heard in the first instance at general term, and judgment to be meantime suspended. The plaintiff moved for judgment. No testimony was taken, but the case was tried upon admissions made by the respective parties.
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Exceptions ordered to be heard at general term. In this case a verdict of two hundred and sixty-nine dollars and sixty-seven cents was directed for the plaintiff, at the trial term, exceptions to be heard in the first instance at general term, and judgment to be meantime suspended. The plaintiff moved for judgment. No testimony was taken, but the case was tried upon admissions made by the respective parties. From these it appeared that the defendant, William E. Barnes, entered the plaintiff’s employ December 23, 1873, and that he and the co-defendants, James A. Barnes and Henry Bischoff, Jr.,…
1Opinion of the Court
By the Court.—Curtis, J.
The three defendants *44jointly and severally executed a bond, conditioned that one of their number, William E. Barnes, would faithfully perform certain duties and certain trusts, and account for all moneys belonging to the plaintiffs coming into his hands.
Two of the defendants answer claiming that they are discharged from liability, because on an occasion previous to the one in question, Barnes was indebted and in default to the plaintiffs in the sum of fifteen dollars and ninety-two cents, of which they were not notified at the time, though plaintiff knew about it, and…
2Cases cited2 opinions
- Albany Dutch Church v. VedderNew York Supreme Court · 1835
- People v. BernerNew York Supreme Court · 1816