Sweet v. Bradley
New York Supreme Court
THIS action was brought upon a warranty, alleged to have been made by the defendant B. Bradley, upon a, sale of notes belonging to him and the other defendants, Pettibone and Woodruff, composing the partnership firm of B. Bradley & .Co,, to one Simon Gallinger. The cause of action had been assigned by Gallinger to the plaintiff. On the trial, Gallinger was examined as a witness for the plaintiff, and proved the material facts alleged in the complaint.
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THIS action was brought upon a warranty, alleged to have been made by the defendant B. Bradley, upon a, sale of notes belonging to him and the other defendants, Pettibone and Woodruff, composing the partnership firm of B. Bradley & .Co,, to one Simon Gallinger. The cause of action had been assigned by Gallinger to the plaintiff. On the trial, Gallinger was examined as a witness for the plaintiff, and proved the material facts alleged in the complaint. The defendants moved for a nonsuit, on the following grounds : 1st. That the plaintiff had not made out any cause of action. 2d. That the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The verdict in this case is eminently just, and it is the duty of the court to sustain it if possible, consistently with the rules of law. The defendants having accepted and paid, as accommodation acceptors, a draft drawn upon them by J. and L. Bradley, and indorsed by Faulkner, for $2000, made to take up protested paper of the said J. and L. Bradley, indorsed by said Faulkner, received these two $1000 notes from the Bradleys, with one other of $1000 to replace them in funds for such advance. These three notes were sent in pursuance of a request by Benjamin…
2Cases cited2 opinions
- In re NegusCourt for the Trial of Impeachments and Correction of Errors · 1832
- Pattison v. BlanchardNew York Supreme Court · 1849
3Cited by4 opinions
- Faler v. JordanMississippi Supreme Court · 1870
- Chester v. DickersonNew York Supreme Court · 1868
- Wilbur v. CartrightNew York Supreme Court · 1865
- Schwimmer v. RothNew York Supreme Court · 1920