Murray v. Burling
New York Supreme Court
"CHIS was an action of trover. The cause ,was tried at the, New-York sittings, in November, 1812, before Mr. Justice Spencer. - i The plaintiffs’ counsel, in opening the cause, stated that the action was brought to-recover damages for the conversion of a promissory note, made by the plaintiffs, partners in trade, under the firm of John Murray & Sons, dated the 26th of July, 1812, by which they promised to pay, sixty days after date, to William Swan, or order, 2,800 dollars,…
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"CHIS was an action of trover. The cause ,was tried at the, New-York sittings, in November, 1812, before Mr. Justice Spencer. - i The plaintiffs’ counsel, in opening the cause, stated that the action was brought to-recover damages for the conversion of a promissory note, made by the plaintiffs, partners in trade, under the firm of John Murray & Sons, dated the 26th of July, 1812, by which they promised to pay, sixty days after date, to William Swan, or order, 2,800 dollars, for value received; that it would be proved, on the part of the plaintiffs, by William Swan, that plaintiffs having…
1Opinion of the CourtThompson, J.
The -opening on the part of the plaintiffs, and which was considered by the judge as insufficient to maintain the action, contained a state» *177meat of facts showing the most palpable misconduct on the part of the defendant. The note in question was drawn, and put into his hands, on his own suggestion, that he would procure the money for it, from Charles Kauman, to answer what he well knew to be the then necessities of the plaintiffs, and upon an express promise* on his part, thus to dispose of the note, and pay the money to Swan, to be paid over to the plaintiffs. Instead of doing this, he…
2Cited by37 opinions
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Field v. MunsterCourt of Appeals of Texas · 1895
- Morris v. HallSupreme Court of Alabama · 1868
- Sprague v. BrownWisconsin Supreme Court · 1876
- Hynes v. . PattersonNew York Court of Appeals · 1884
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