Brandreth v. Sandford
The Superior Court of New York City
This was an action for the recovery of $4,000 as moneys lent and advanced by the plaintiff to the defendant, and was tried before the Chief Justice and a jury, in March term, 1852. The following are the material facts, as established by the pleadings and the evidence :— The complaint alleges that between the 9th July, 1846, and the 26th July, 1847, the plaintiff lent and advanced to the defendant, at his request, $4,000, partly in cash, and partly in a promissory note,…
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This was an action for the recovery of $4,000 as moneys lent and advanced by the plaintiff to the defendant, and was tried before the Chief Justice and a jury, in March term, 1852. The following are the material facts, as established by the pleadings and the evidence :— The complaint alleges that between the 9th July, 1846, and the 26th July, 1847, the plaintiff lent and advanced to the defendant, at his request, $4,000, partly in cash, and partly in a promissory note, which, when due, was paid by the plaintiff; and that the defendant promised to pay the said sum of $4,000 when required, with…
1Opinion of the CourtBy the Court. Emmett, J.
If the plaintiff has any claim in this action, it must arise on the paper of the 26th July, 1847, the last in point of date, and which was signed by both parties.
He could have no specific demand for the $1,750 mentioned in the paper of the 10th October, 1846, because the defendant’s engagement in regard to that sum was that he should give for it either his note endorsed by Strang or an assignment of the Dikeman mortgage. The assignment of that mortgage was given to the plaintiff, which was a performance of defendant’s agreement, and acquitted him of any personal obligation in respect to the…
2Cited by1 opinion
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