De Caumont v. Razines
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Laura Le Couteux De Caumont against Antonio Ra-zines. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtO’Brien, J.
The collaterals mentioned in the notes did not include the real estate, part of the proceeds of which, when realized, went to discharge the debt or obligation due from Stier to the McWilliam estate. What, in fact, the appellant insists upon, is that Stier, being the agent for the plaintiff, and having money in his hands which was realized from the sale of the real estate, should have applied what was due to the McWilliam estate to payment of the notes; or, differently expressed, that the plaintiff being chargeable with the same notice and knowledge that her attorney and agent had, which…
2Cases cited2 opinions
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Gracie v. New-York InsuranceNew York Supreme Court · 1816