Tallmadge v. Penoyer
New York Supreme Court
THE action was brought by the plaintiff to recover the sum of $200, with 'interest from the 15th day of May, 1854, upon a note signed by Henry M. Penoyer and. Stephen Gr. Tallmadge, hearing date .on that day and given to Abram Coon,, which note the plaintiff claimed to- own under an assignment and transfer of the same to him by Coon, and whjch .sum of, money he alleged was used by the firm of R. S. & H. M. Penoyer. The answer was a general denial.
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THE action was brought by the plaintiff to recover the sum of $200, with 'interest from the 15th day of May, 1854, upon a note signed by Henry M. Penoyer and. Stephen Gr. Tallmadge, hearing date .on that day and given to Abram Coon,, which note the plaintiff claimed to- own under an assignment and transfer of the same to him by Coon, and whjch .sum of, money he alleged was used by the firm of R. S. & H. M. Penoyer. The answer was a general denial. On the trial of the action the plaintiff was nonsuited. The facts in the case, as they appear from the testimony, are as follows: Abram Coon loaned…
1Opinion of the CourtHogeboom, J.
The object of this suit is to charge the defendant, as a former partner of Henry M. Penoyer, deceased, with $200 borrowed by the latter and claimed to have been appropriated to the use of the firm.
1. The money was originally borrowed by the plaintiff and Henry M. Penoyer, in their individual names and on their individual note, of Abram Coon, the assignor of the plaintiff. There is no pretense that this would make the defendant liable, or tend to do so.
2. The borrowers, Tallmadge and H. M. Penoyer, having procured "the money for a friend, who before it was received by him had no occasion for…
2Cited by3 opinions
- The Ontario Bank v. . HennesseyNew York Court of Appeals · 1872
- Shaffer v. MartinAppellate Division of the Supreme Court of the State of New York · 1898
- Harlan v. Capital Investment Co., Court of Common Pleas of Ohio, Hamilton County1911