Graham v. Elmore
Michigan Court of Chancery
The bill in this case; charged that the defendent, William H. Elmore, had obtained goods of the complainants, who are merchants in New York, to the amount of about $600, (but did not otherwise describe the goods,) on the credit of one Frederick W. H. Elmore, by representing to the complainants that he was the agent of F. W. H. Elmore to purchase goods for him on a credit; that this representation as to the agency, was entirely false, ; nd that William H. Elmorebpurchased…
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The bill in this case; charged that the defendent, William H. Elmore, had obtained goods of the complainants, who are merchants in New York, to the amount of about $600, (but did not otherwise describe the goods,) on the credit of one Frederick W. H. Elmore, by representing to the complainants that he was the agent of F. W. H. Elmore to purchase goods for him on a credit; that this representation as to the agency, was entirely false, ; nd that William H. Elmorebpurchased these goods, on this fradulent representation, for his own benefit, and that he executed to the complainants two notes for…
1Opinion of the Court
The Chancellor.
The demurrer having been signed by solicitors, whose appearance had not been entered in this case, might, where another solicitor had appeared for this defendant-, be treated as without signature, and as a nullity. 3 Chitty’s Gen. Prac., 524.
But the demurrer having been filed in this form by mistake, the court would relieve the party from the consequence, if satisfied that injustice would be done, if the party should not be permitted to answer.
The answer discloses, first, that, as defendant, Hicks, believes, W. H. Elmore was authorized to purchase the goods in the name of ‘F.…
2Cases cited11 opinions
- President, Directors & Co. of the City Bank v. BangsNew York Court of Chancery · 1831
- Fulton Bank v. BeachNew York Court of Chancery · 1829
- Speiglemyer v. CrawfordNew York Court of Chancery · 1837
- Hunt v. WallisNew York Court of Chancery · 1837
- Hart v. SmallNew York Court of Chancery · 1834
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hambly v. Delaware, M. & V. R.United States Circuit Court · 1884