Bay v. Coddington
New York Court of Chancery
THE plaintiff being owner of a vessel, employed Randolph §r Savage, defendants, who were carpenters, to sell *,er on a credit, and take good notes in payment, and transmit the same to him, with an account of their charges, which he would pay.
Read the full summary
THE plaintiff being owner of a vessel, employed Randolph §r Savage, defendants, who were carpenters, to sell *,er on a credit, and take good notes in payment, and transmit the same to him, with an account of their charges, which he would pay. R. and S. sold the vessel for 3,875 dollars, and on the 3d of June, 1819, received the notes of the purchasers, payable in two, three, and four months; some of them being made payable to, and endorsed by P. Aymar Co., and the others by J. R. Stewart. On the 12th of June, 1819, R. and S. delivered the notes so endorsed to the defendants, J. C. Coddington,…
1Opinion of the Court
The Chancellor.
It is admitted that Randolph and Savage held the notes belonging to the plaintiff, and which they transferred to the defendants J. and C. Coddington, on the 12th of June, 1819, as agents or trustees for the plaintiff, and that they had no authority to pass them away. It was a gross and fraudulent abuse of trust, on the part of R. and S. The only question now is whether J. and C. C. are entitled, under the circumstances disclosed, to hold the notes, and retain the amount of them as against the plaintiff.
Negotiable paper can be assigned or transferred by an agent or factor, or by…
2Cited by30 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Brush v. ScribnerSupreme Court of Connecticut · 1836
- Button v. . Rathbone, Sard Co.New York Court of Appeals · 1891
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Conrad v. FisherMissouri Court of Appeals · 1889
25 more not listed; retrieve them via the Exa API.