Boardman v. Gaillard
New York Supreme Court
Appeal from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover the proceeds of scrip dividends on insurance premiums. The opinion states the case. The receipt referred to was in the following form: “ Received, New York, 12th November, 1867, from Messrs. Aymar & Co., seventy-six dollars and thirty-five cents, to close account; my interest in steamer Mary A. Boardman,’ and in full of all demands of mine against Messrs.
Read the full summary
Appeal from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover the proceeds of scrip dividends on insurance premiums. The opinion states the case. The receipt referred to was in the following form: “ Received, New York, 12th November, 1867, from Messrs. Aymar & Co., seventy-six dollars and thirty-five cents, to close account; my interest in steamer Mary A. Boardman,’ and in full of all demands of mine against Messrs. Aymar & Co. (Signed) “ William Boabdman.”
1Opinion of the CourtDaniels, J.
The plaintiff and the defendants, who constituted the firm of Aymar & Co., were the owners of the steamer called Mary A. Boardman from the time when she was built, in 1862, until August, 1864, when she was sold. The title was in the defendant, Joseph Gaillard, Jr., as security for advances made by his firm in building her. It was so held for the benefit of the plaintiff and defendants, he owning four-fifths and they the remaining one-fifth; she was managed by the firm of Aymar & Co., in which the plaintiff was not interested. While she was so owned and managed, she was insured by the firm in…
2Cases cited9 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Ryan v. . WardNew York Court of Appeals · 1872
- Higgins v. . MooreNew York Court of Appeals · 1866
- Duguid v. EdwardsNew York Supreme Court · 1867
- Rogers v. . WheelerNew York Court of Appeals · 1873
4 more not listed; retrieve them via the Exa API.