Livingston v. Pettigrew
New York Supreme Court
Motion, by the plaintiff, for a new trial upon a case, and exceptions ordered to be heard in the first instance at General Term. The action was brought against the defendants to recover the amount of a judgment alleged to have been sold by the defendant, as receiver.
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Motion, by the plaintiff, for a new trial upon a case, and exceptions ordered to be heard in the first instance at General Term. The action was brought against the defendants to recover the amount of a judgment alleged to have been sold by the defendant, as receiver. The cause was tried, at the Albany Circuit, before the Hon. William L. Learned and a jury, in January, 1872. It appeared that upon the trial on the 20th of January, 1866, John Pettigrew, then deceased, was appointed, by this court, receiver of the Central Bank of the city of New York. On the 12th of June, 1866, he proceeded to…
1Opinion of the Court
By the Court—
Miller, P. J.
I think the nonsuit was properly granted. The plaintiff in this action seeks to recover upon the covenant of Pettigrew, whose estate the defendants represent, that the judgments and claims assigned were due and ufipaid. The assignment is stated in the commencement as that of “John Pettigrew, of the city of New York, receiver of the Central Bank,” &c., and was signed “ John Pettigrew, Receiver.” It is therefore apparent, upon the face of the *408instrument, that all which Pettigrew intended to do was to make an assignment in his official capacity; and the covenant, as to…
2Cases cited2 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Bank of Troy v. ToppingNew York Supreme Court · 1832
3Cited by4 opinions
- Ellis v. LittleSupreme Court of Kansas · 1882
- Bayles v. Kansas Pac. R'y Co.Supreme Court of Colorado · 1889
- Sager Manufacturing Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
- Emerson National Bank v. DerbyNew York Supreme Court · 1931