Ramsay v. Gardner
New York Supreme Court
THIS was an action of assumpsit, tried at the Schenectady dremit, in September, 1813» The plaintiff’s demand consisted of money paid for postages, protests, &c. of a bill of exchange; and also 20 pounds sterling, or 88 dollars and 88 cents damages, paid thereon, with interest.
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THIS was an action of assumpsit, tried at the Schenectady dremit, in September, 1813» The plaintiff’s demand consisted of money paid for postages, protests, &c. of a bill of exchange; and also 20 pounds sterling, or 88 dollars and 88 cents damages, paid thereon, with interest. The defendant objected to the charges of damages and expenses on the bill of exchange, as being inadmissible under the plaintiff’s declaration, which contained only the money counts ; but the judge overruled the objection. The defendant being in want of money, applied to the plaintiff, to inform him how he should draw…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. It is evident, from the facts stated in the case, that the plaintiff, in the negotiation of the bill of exchange, acted as the mere agent of the defendant, without any expected benefit to himself; and it was an agency, too, of the most unlimited discretion. Application was made by the defendant to him for advice and direction how the money should be drawn for, and the mode adopted was that suggested by the plaintiff. Nothing particularly appears to have passed between the parties, as to the manner in which the bill was to be disposed of;…
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- American Rolling Mill Co. v. HullingerIndiana Supreme Court · 1903
- Henderson v. SeveySupreme Judicial Court of Maine · 1822
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