Wheeler v. . Newbould
New York Court of Appeals
Appeal from the Superior Court of New-York city. The plaintiffs brought their action, claiming judgment that the defendant should return to them a check, drawn by Wheeler, Wood & Co., upon the American Exchange Bank, for $2000, and fourteen promissory notes made by different persons and firms for various sums, the aggregate amount of which was $2614.73, all of which they alleged had been transferred to him as security for a loan of $1824, made to them by the defendant at the…
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Appeal from the Superior Court of New-York city. The plaintiffs brought their action, claiming judgment that the defendant should return to them a check, drawn by Wheeler, Wood & Co., upon the American Exchange Bank, for $2000, and fourteen promissory notes made by different persons and firms for various sums, the aggregate amount of which was $2614.73, all of which they alleged had been transferred to him as security for a loan of $1824, made to them by the defendant at the rate of $4 per day for interest on the $2000, the interest for forty-four days, the proposed duration of the loan,…
1Opinion of the CourtBrown, J.
The contract between the parties was for the loan of $2000, for the space of forty-four days, by the defendant to the plaintiffs, upon the deposit of certain promissory notes, as collateral security for its repayment. The money was accordingly advanced on the 6th of November, 1848, for which the defendant received Wheeler, Wood & Co.’s check upon the American Exchange Bank, in the city of New-York, for the sum of $2000, and, as collateral security for the repayment of the money, the plaintiffs deposited with them the notes, taken in the usual course of their business as merchants, amounting…
2Cases cited2 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- FurnissCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by115 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Walls v. . BaileyNew York Court of Appeals · 1872
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
- Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878
- Simpson v. . Jersey City Contracting Co.New York Court of Appeals · 1900
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