Chaffee v. Fort
New York Supreme Court
This was a controversy submitted without action, under • -section 372 of the Code, upon a case agreed upon by the. parties as follows: “ On the 8th day of September, 1869, James II. Goldey was and for several-years prior thereto, had been a private banker (though not-an individual banker under the-statute), keeping an office and doing business in the city of Oswego.
Read the full summary
This was a controversy submitted without action, under • -section 372 of the Code, upon a case agreed upon by the. parties as follows: “ On the 8th day of September, 1869, James II. Goldey was and for several-years prior thereto, had been a private banker (though not-an individual banker under the-statute), keeping an office and doing business in the city of Oswego. His business was buying and selling gold and silver coin,' selling drafts, cashing checks, discounting notes and bills of exchange, and receiving money on deposit, subject to the check or call of the depositor. Willis G. Chaffee,…
1Opinion of the Court
By the Court
Mulley, P. J.
It is admitted in the case,, that Goldey knew at the time of receiving the money from the plaintiff, that lie was, and'for several months had been insolvent; and that he had determined to assign his property to an assignee for the benefit of his creditors, within a day or two, unless he should receive assistance, which would' c-habl'e him to continúe his business.
Had he assigned the plaintiff’s money on ascertaining that-he would not obtain aid he would have been guilty of gross fraud upon the plaintiff. It would have been receiving property on credit not only, but…
2Cases cited3 opinions
- Durell v. HaleyNew York Court of Chancery · 1829
- Mitchell v. WordenNew York Supreme Court · 1855
- Buckley v. ArtcherNew York Supreme Court · 1854
3Cited by8 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Raynor v. Scandinavian-American BankWashington Supreme Court · 1922
- Wright v. . BrownNew York Court of Appeals · 1876
- Rector v. Asa Snyder & Co.Supreme Court of Virginia · 1902
- Wasson v. HawkinsU.S. Circuit Court for the District of Indiana · 1894
3 more not listed; retrieve them via the Exa API.