Walsh & Mallory v. Ostrander
New York Supreme Court
Error from the superior court of the city of New-York. Ostrander sued Walsh and Mallory for money had and received to his use, and on the trial of the cause proved that on the 3d December, 1836, he gave to the defendants a promissory note of one N. C. Platt, for the sum of $535, payable 12th November, 1837, for which the defendants gave him a receipt on account; and it was agreed that the plaintiff might trade out a part then, and the balance six months thereafter.
Read the full summary
Error from the superior court of the city of New-York. Ostrander sued Walsh and Mallory for money had and received to his use, and on the trial of the cause proved that on the 3d December, 1836, he gave to the defendants a promissory note of one N. C. Platt, for the sum of $535, payable 12th November, 1837, for which the defendants gave him a receipt on account; and it was agreed that the plaintiff might trade out a part then, and the balance six months thereafter. The plaintiff took goods to only the amount of $358. On the 24th November, 1837, the defendants collected op the note of Platt…
1Opinion of the Court
By the Court,
Cowen, J.
The question whether the balance claimed by the plaintiff below had been extinguished by an application of it to the payment of the debt due from him and Gould jointly, was left to the jury under the proper qualifications, and they have found that it was not. There was nothing in evidence on that question to conclude the judge or jury, and the only point calling for consideration, grows out of the objection that the previous suit and proceedings in the New-York common pleas were inadmissible. As to the competency of these, the familiar ground is taken, that to be…
2Cited by4 opinions
- Bond v. HutchinsAppellate Division of the Supreme Court of the State of New York · 1929
- Whitford v. BissellNew York Supreme Court · 1857
- Birdsall v. RussellThe Superior Court of New York City · 1863
- Cutter v. RathbunNew York Supreme Court · 1842