Barlow v. Myers
New York Supreme Court
APPEAL by defendant from a judgment in favor of plaintiffs, entered upon the report of a referee. The action was brought by Samuel L. M. Barlow, and others, against Maria J. Myers, upon three promissory notes, altogether amounting to $3,900 and interest. The facts were these: Prior to April 3, 1871, Charles M. Randall and George P. Williams were copartners, carrying on business in the city of New York, under the firm name of Randall & Williams.
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APPEAL by defendant from a judgment in favor of plaintiffs, entered upon the report of a referee. The action was brought by Samuel L. M. Barlow, and others, against Maria J. Myers, upon three promissory notes, altogether amounting to $3,900 and interest. The facts were these: Prior to April 3, 1871, Charles M. Randall and George P. Williams were copartners, carrying on business in the city of New York, under the firm name of Randall & Williams. On the date last mentioned, the firm had oustanding, besides other obligations, the three promissory notes above mentioned. These notes had been given…
1Opinion of the CourtBrady, J.
The defendant, upon a sale of the partnership effects of the" firm of Randall & Williams, agreed to discharge certain debts, including notes then held by Nathan Randall for moneys loaned, and which were subsequently, and before maturity, *185and for value transferred to the plaintiffs. The defendant, at the time of the sale and agreement mentioned, held a note of Nathan Randall for $500, which was past due, and which she set up as a counter-claim, and offered to prove. On the trial before the referee, it was disallowed and judgment given for the plaintiffs on the notes.
Two questions are presented…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Wilder v. KeelerNew York Court of Chancery · 1831
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
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