Garlick v. James
New York Supreme Court
THIS was an action djb the pose. The declaration contained six counts. The third ctiútit, on Avhich the plaintiff Chiefly relied, stated, in substance, that-the pMiiti% Samuel Garlick, and one Murphy, on the 29th" of January; 1803, being indebted to James C*® defendant) and McCabe, in the sum of 300 dollars, the plaintiff" pledged, paAvnéd, and delivered to the defendant, a note of Seth Garlick, for the sdni of 600 dollars, belonging to the plaintiff, to secure the debt diie…
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THIS was an action djb the pose. The declaration contained six counts. The third ctiútit, on Avhich the plaintiff Chiefly relied, stated, in substance, that-the pMiiti% Samuel Garlick, and one Murphy, on the 29th" of January; 1803, being indebted to James C*® defendant) and McCabe, in the sum of 300 dollars, the plaintiff" pledged, paAvnéd, and delivered to the defendant, a note of Seth Garlick, for the sdni of 600 dollars, belonging to the plaintiff, to secure the debt diie tb; James & McCabe; that the defendant, afterwards, iff Í810, gave up the said note belong-inS to the plaintiff to Seth…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The plaintiff and one Murphy, being indebted to James & M‘Cabe, on a balance of account for merchandise, the plaintiff left with the defendant, as collateral security, a note drawn by Seth Garlick to him, for 600 dollars, dated the 1st of November, 1802. Some time in the year 1810, the defendant gave up the note to Seth Garlick for 300 dollars ; and this suit is brought to recover the difference between the amount of the note, and balance of accounts due to James <§• M‘Cabe.
That the note thus deposited with the defendant is to be considered…
2Cited by33 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Griggs v. . DayNew York Court of Appeals · 1892
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Field v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902
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