Rathbone v. Stocking
New York Supreme Court
This was an action for money had and received, and was heard before referees. On the hearing it was proved that in August, 1846, a judgment was confessed, upon a bond and warrant of attorney, by David Hunt, to the plaintiff and defendant in this cause and three other persons, to secure them for endorsements and other liabilities separately, incurred by them for the judgment debtor. The bond was in the penal sum of $20,000, conditioned for the payment of $15,000 on demand.
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This was an action for money had and received, and was heard before referees. On the hearing it was proved that in August, 1846, a judgment was confessed, upon a bond and warrant of attorney, by David Hunt, to the plaintiff and defendant in this cause and three other persons, to secure them for endorsements and other liabilities separately, incurred by them for the judgment debtor. The bond was in the penal sum of $20,000, conditioned for the payment of $15,000 on demand. Afterwards the judgment debtor made a general assignment of his property for the benefit of creditors, to two of the…
1Opinion of the Court
By the Court, Allen, J.
The first question that presents itself in this case is, whether the plaintiff can maintain an action at law to recover any part of the money received by the defendant. And the decision of this question involves an inquiry into the rights of the several plaintiffs in the judgment, as between themselves, and the relations which they bear to each other and to the defendant in the judgment, and to the holders of the several promissory notes and bills of exchange endorsed by the plaintiffs thereon respectively as sureties for the defendant, and to secure and indemnify…
2Cases cited11 opinions
- Weston v. BarkerNew York Supreme Court · 1815
- Scott v. Detroit Young Men's Society's LesseeMichigan Supreme Court · 1843
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Eddy v. SmithNew York Supreme Court · 1835
- Williams v. RogersNew York Supreme Court · 1809
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3Cited by11 opinions
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Chester v. . DorrNew York Court of Appeals · 1869
- Newman v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Gutman v. RogersNew York Court of Common Pleas · 1891
- Meeks v. WhatleyMississippi Supreme Court · 1873
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