Camblos v. Butterfield
New York Court of Common Pleas
Demurrer to complaint; and motion to vacate judgment. Henry S. Cambios, claiming by, several mesne assignments, sued' Frederick ¡Butterfield, Samuel J. Wheeler, Orlando W. Joslyn, and John Y. Bostwick, to recover a demand of- one hundred and sixty thousand dollars. He alleged that the defetidant Wheeler had borrowed this sum of the defendant Butterfield, and that Butterfield had assigned the right to recover it to Joslyn and.
Read the full summary
Demurrer to complaint; and motion to vacate judgment. Henry S. Cambios, claiming by, several mesne assignments, sued' Frederick ¡Butterfield, Samuel J. Wheeler, Orlando W. Joslyn, and John Y. Bostwick, to recover a demand of- one hundred and sixty thousand dollars. He alleged that the defetidant Wheeler had borrowed this sum of the defendant Butterfield, and that Butterfield had assigned the right to recover it to Joslyn and. Bostwick, who in turn had assigned it to plaintiff. Wheeler had refused to pay, on the ground that the loan had been settled and paid in his transactions with the other…
1Opinion of the CourtRobinson, J.
The demurrer taken by the defendant Butterfield, must be sustained on the ground that the complaint does not state facts sufficient to constitute any cause of action against him. His liability to the plaintiff can only arise through breach of his warranty of title to the debt of one hundred and sixty thousand dollars, asserted in his assignment thereof to *200Joslyn & Co., to be due him from the defendant Wheeler. The complaint alleges the assignment to him by Joslyn of this debt, and of Butterfield’s warranty, as collateral for a debt of twenty-six thousand seven hundred and forty-five dollars…
2Cases cited10 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Hudson v. . CarylNew York Court of Appeals · 1871
- M. & C. Miller v. BearNew York Court of Chancery · 1831
- Ward v. Van BokkelenNew York Court of Chancery · 1830
- Furniss v. . FergusonNew York Court of Appeals · 1857
5 more not listed; retrieve them via the Exa API.