Rose v. Baker & Perkins
New York Supreme Court
This action was brought to recover a balance claimed to be due from the defendants on an alledged loan "by one Cornelius J. Rose, to them, which demand the plaintiff alledged had been assigned to him.
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This action was brought to recover a balance claimed to be due from the defendants on an alledged loan "by one Cornelius J. Rose, to them, which demand the plaintiff alledged had been assigned to him. At the trial, the plaintiff proved by the said Cornelius J. Rose, that the defendants, in April, 1847, were partners in buying wheat; that in that month the witness let the defendant Baker have $300, and a few days afterwards took his individual note for it; that the money was used to pay for grain Baker had purchased; that Baker, in the fall of 1848, failed, and in the winter following paid…
1Opinion of the Court
By the Court, T. R. Strong, J.
The first question proper to be considered in this case is, whether, assuming that the payee of the note, made by Baker, at the time of the sale thereof to the plaintiff, had a valid claim against both the defendants for the balance due upon the loan to them, that claim, as to both, passed to the plaintiff by the sale. The note given by Baker a few days after the loan, was given for the debt created by the loan; and the note which was sold to the plaintiff was given for the balance due of that debt, after a partial payment upon the first note, and as a substitute…
2Cases cited7 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Church v. GilmanNew York Supreme Court · 1836
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Rathbun v. RathbunNew York Supreme Court · 1849
- Monell v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Battle v. . CoitNew York Court of Appeals · 1863
- Parmelee v. DannNew York Supreme Court · 1856
- Battle v. CoitNew York Court of Appeals · 1863