Legal Opinion

Cocks v. . Barker

New York Court of Appeals

Decided April 2, 1872PublishedCited by 25 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. The action was brought upon a bond of which the following is a copy: “ Know all men by these presents that we, Charles Barker and Samuel P. Barker, of the city of Brooklyn, are held and firmly bound unto John J. Cocks of said city in the sum of $5,000, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these…

1Opinion of the CourtAllek, J.

The bond upon its face discloses the consideration upon and for which it was given. The transfer and delivery by the plaintiff, to his former partner, of the effects of the firm for collection and sale, is in substance declared by the recital to have been the actual, as it was a reasonable and sufficient consideration, for the bond, conditioned for an accounting by that partner, and the payment to the plaintiff of all sums to ]ghich he should be entitled from the avails of such effects.

It was not competent for the defendants to vary or contradict this recital by parol evidence. It was a…

2Cited by25 opinions

  1. Blewitt v. . BoorumNew York Court of Appeals · 1894
  2. Ballou v. SherwoodNebraska Supreme Court · 1891
  3. Stiebel v. . GrosbergNew York Court of Appeals · 1911
  4. Union Machinery & Supply Co. v. DarnellWashington Supreme Court · 1916
  5. Ryan v. CookeIllinois Supreme Court · 1898

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