Shuttleworth v. Bruce
The Superior Court of New York City
This was an action for an account from the defendants, who were the factors of one Norton, of the proceeds of sales of certain goods consigned by Norton to the defendants for sale. Subsequently to the shipment of the goods, Norton delivered to the plaintiffs an order on the defendants, which is as follows: “New York, Oct. 4th, 1866. Messrs. Bruce & McAuliff, No. 2 Bowling Green, New York. Gentlemen: Pay to the order of Messrs.
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This was an action for an account from the defendants, who were the factors of one Norton, of the proceeds of sales of certain goods consigned by Norton to the defendants for sale. Subsequently to the shipment of the goods, Norton delivered to the plaintiffs an order on the defendants, which is as follows: “New York, Oct. 4th, 1866. Messrs. Bruce & McAuliff, No. 2 Bowling Green, New York. Gentlemen: Pay to the order of Messrs. Shuttleworth & Co. all moneys due me after you receive the proceeds of sales of brooms, tubs and wrapping paper, shipped by myself to Havana, prior to this date and…
1Opinion of the CourtMonell, J.
An examination of some of the recent and leading cases in this state, will establish, I think, beyond all reasonable doubt, that the order of Norton upon the defendants operated as an equitable assignment to the plaintiffs of the proceeds of the goods consigned to Marquette at Havana.
In Lowery v. Steward, (25 N. Y. Rep. 239, affirming S. C. 3 Bosw. 505,) a draft was drawn by the consignor upon the consignee of cotton, to pay the plaintiffs five hundred dollars “ on account of twenty-four bales cotton shipped to you as per bill of lading, by steamer Colorado, inclosed to you in letter.” The…
2Cases cited6 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Lowery v. . StewardNew York Court of Appeals · 1862
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
- Cowperthwaite v. . SheffieldNew York Court of Appeals · 1850
- Hoyt v. StoryNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Simmons v. TheardSupreme Court of Louisiana · 1898