Legal Opinion

Flint v. Craig

New York Supreme Court

Decided May 1, 1871PublishedCited by 2 opinions

MOTION for a new trial, upon exceptions taken at the circuit. ' The complaint alleged that on the 10th day of December, 1860, the plaintiffs were partners in business, under the name of J. L. Booth & Co.; that on said 10th day of December, 1860, the firms of Bradley & Norton and Hart & Glass, at Racine, in the State of Wisconsin, made their promissory note in writing, dated that day, whereby, for value received, they promised to pay to said plaintiffs, by their firm name of…

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MOTION for a new trial, upon exceptions taken at the circuit. ' The complaint alleged that on the 10th day of December, 1860, the plaintiffs were partners in business, under the name of J. L. Booth & Co.; that on said 10th day of December, 1860, the firms of Bradley & Norton and Hart & Glass, at Racine, in the State of Wisconsin, made their promissory note in writing, dated that day, whereby, for value received, they promised to pay to said plaintiffs, by their firm name of J. L. Booth &• Co., or bearer, two years after date, at Racine County Bank, $1500, with interest at seven per cent-the…

1Opinion of the Court

By the Court, Johnson, J.

The case presents but a single point, which arises on exception to the charge of the judge to the jury. The action was for the wrongful conversion, by the defendant, of a certain' promissory note, made by the two firms of “ Bradley & Horton,’’ and “ Hart & 0-lass,” for. $1500, payable to the plaintiff's, or bearer, as alleged in the complaint. The plaintiffs claimed, and gave evidence tending to prove, that they turned out this nóte to the defendant as collateral security for the payment of $500 borrowed by them of the defendant. The $500 was paid and the note…

2Cases cited3 opinions

  1. City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
  2. Bruce v. WestcottNew York Supreme Court · 1848
  3. Campbell v. Erie Railway Co.New York Supreme Court · 1866

3Cited by2 opinions

  1. Cary v. Western Union Telephone Co.New York Supreme Court · 1888
  2. Herber v. ChristophersonSupreme Court of Minnesota · 1883

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