Barney v. . Worthington
New York Court of Appeals
Appeal from a judgment of the superior court of the city of Buffalo. The action was brought by Freeland T. Barney, Lester S. Hubbard, and William Durbin, against Samuel Worthiugton, to recover the amount due on a draft drawn on the defendant by Burton & Hubbard, and discounted by the plaintiffs. The complaint contained three counts : two upon a promise to accept and pay each bill; a third for money lent.
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Appeal from a judgment of the superior court of the city of Buffalo. The action was brought by Freeland T. Barney, Lester S. Hubbard, and William Durbin, against Samuel Worthiugton, to recover the amount due on a draft drawn on the defendant by Burton & Hubbard, and discounted by the plaintiffs. The complaint contained three counts : two upon a promise to accept and pay each bill; a third for money lent. On the trial of the cause, the following’ facts, among others, appeared. The firm of Burton & Hubbard was composed of Marshal Burton and Lucius P. Hubbard. They were in the produce and…
1Opinion of the CourtPorter, J.
The letter of the defendant, though addressed to the partner who happened to be at home, was evidently intended to authorize a draft by the firm. It is to be read in the light of the surrounding circumstances, proof of which was properly admitted, to aid the court in ascertaining the purpose of the paper, and in applying and.interpreting its language (Hutchins v. Hebbard, 34 N. Y, 24 ; Agawam Bank v. Strever, 18 Id., 509 ; Blossom v. Griffin, 13 N. Y. [3 Kern.], 569 ; French v. Carhart, 1 N. Y. [1 Comst.], 102).
The defendant was substantially the borrower. Burton & Hubbard were indebted to…
2Cases cited1 opinion
- Bank of Michigan v. ElyNew York Supreme Court · 1837
3Cited by8 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Germania National Bank of New Orleans v. TaaksNew York Court of Appeals · 1886
- Cox v. HawkeAppellate Terms of the Supreme Court of New York · 1905
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