Phenix Insurance v. Church
New York Court of Common Pleas
Appear from an order of the New York marine court general term reversing a judgment of the trial term of that court in favor of the plaintiff.
1Opinion of the CourtLarremore, J.
The defendant gave the note in suit to Worcester without consideration and for a specific purpose; he diverted it and indorsed it in blank to one EL A. Brown, in payment of a previous indebtedness. The firm of which Brown was a member were indebted to one Faunce as agent of thn plaintiff in the sum of $606.75 on December 31,1874. The firm made a payment on account and gave its check for the balance ($527.39 ) on January 2,1875. The check was dishonored on its presentation at the bank although frequently *30demanded np to March following, when Faunae pressing Brown for a settlement he offered to…
2Cases cited4 opinions
- Brown v. . LeavittNew York Court of Appeals · 1865
- Moore v. . RyderNew York Court of Appeals · 1875
- The Park Bank v. . WatsonNew York Court of Appeals · 1870
- Day v. SaundersNew York Court of Appeals · 1867