Hancock v. Gomez
New York Supreme Court
OH July 26,1862, at ivlaiaga, Spain, the plaintiff obtained from James H. Hewitt, master of the bark Reindeer, belonging to W. A. Sale & Co. of Hew York, an order on said Sale & Co. for the payment to the plaintiff of $>176.33J, balance of wages due one John H. Hanson, as mate of said bark, which order the plaintiff subsequently sent to the defendants, with a direction to Sale & Co. to pay said amount to the defendants, written thereon and signed by the plaintiff, and which…
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OH July 26,1862, at ivlaiaga, Spain, the plaintiff obtained from James H. Hewitt, master of the bark Reindeer, belonging to W. A. Sale & Co. of Hew York, an order on said Sale & Co. for the payment to the plaintiff of $>176.33J, balance of wages due one John H. Hanson, as mate of said bark, which order the plaintiff subsequently sent to the defendants, with a direction to Sale & Co. to pay said amount to the defendants, written thereon and signed by the plaintiff, and which the defendants received, and collécted of Sale & Co. the amount of money therein mentioned, and gave a receipt therefor,…
1Opinion of the Court
By the Court, Cardozo, J.
The money for which this action was brought was collected by Gomez, Wallis & Co., by authority of, and as agents for, the plaintiff, and they acknowledged that they had so collected it, both by their accounts rendered, and by their letter to the plaintiff of October 7,1862. Having so received the money, they had no right to return it to Sale & Co. They cannot dispute the title of their principal, by setting up an adverse title in a stranger. (Murray v. Vanderbilt, 39 Barb. 140. Ross v. Curtiss, 31 N. Y. 606.)
The ruling below was therefore erroneous, and the judgment…
2Cases cited2 opinions
- Murray v. VanderbiltNew York Supreme Court · 1863
- Ross v. . CurtissNew York Court of Appeals · 1864
3Cited by3 opinions
- Largey v. BartlettMontana Supreme Court · 1896
- Embry v. GalbreathTennessee Supreme Court · 1903
- Grinnell v. ShermanNew York Supreme Court · 1891