Almon v. . Hamilton
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June .15, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on a trial without a jury. This action was upon three bills of exchange payable to the order of plaintiff’s firm, drawn upon the firm of Hamilton, Nephew & Co., of which firm defendants were the individual members, and accepted by that firm.
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Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June .15, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on a trial without a jury. This action was upon three bills of exchange payable to the order of plaintiff’s firm, drawn upon the firm of Hamilton, Nephew & Co., of which firm defendants were the individual members, and accepted by that firm. The defendants set up by supplemental answer in substance that after the commencement of the action the defendant Black proposed…
1Opinion of the CourtAndrews, J.
The plaintiffs did not sign the release of January 30, 1879, nor did they enter into any agreement with Black, or his other creditors, to accept a composition upon their demand against Hamilton, Nephew & Co. When Black applied to them to assent to the compromise and sign the composition deed, they refused on the ground that they would thereby release Hamilton, Nephew & Co., on the acceptances. It was not until they were assured by Black that he was a special partner only in the firm of Hamilton, Nephew & Co., and therefore not personally liable on the acceptances, that they consented to…
2Cases cited1 opinion
- Russell v. RogersNew York Supreme Court · 1836
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- Klaw v. Famous Players-Lasky Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- Glens Falls National Bank v. NostrandNew York Supreme Court · 1903
- Bradley & Cubbier Co. v. LallyCity of New York Municipal Court · 1893
- American Rug & Carpet Co. v. HermanCity of New York Municipal Court · 1933
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