Phelps v. Bostwick
New York Supreme Court
PPEAL by the defendant, from a judgment entered at a special term. The complaint alleged, that on or about the 29th day of June, 1854, the defendant at his request had, and received of and from the plaintiff, to and for the use of the plaintiff, the sum of two hundred dollars in money: that after-wards, and on or about the 1st day of July, 1854, and on divers days and times since that day and before the day of the com-. mencement of this action, the plaintiff demanded and…
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PPEAL by the defendant, from a judgment entered at a special term. The complaint alleged, that on or about the 29th day of June, 1854, the defendant at his request had, and received of and from the plaintiff, to and for the use of the plaintiff, the sum of two hundred dollars in money: that after-wards, and on or about the 1st day of July, 1854, and on divers days and times since that day and before the day of the com-. mencement of this action, the plaintiff demanded and requested of the defendant that he; the defendant, pay the said money over to him, the plaintiff; and that the defendant…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Whether the defendant was a mere depositary of the $200 specified in his receipt, or had an interest in the money, was a question of fact upon the true construction of the receipt, in view o.f the extrinsic circumstances existing at the time it was given. Such facts are always admissible in evidence, not to contradict the instrument, but to aid in its interpretation. Contracts must *318always be construed in reference to the subject matter to which they relate, and in the light of the contemporaneous facts and circumstances. The facts in evidence in this case, I…
2Cases cited1 opinion
- Brown & Hotchkiss v. CookNew York Supreme Court · 1812
3Cited by6 opinions
- Brown v. BrownNew York Supreme Court · 1861
- Auld v. ButcherSupreme Court of Kansas · 1879
- Frost v. Paulster Realty Corp., New York County Courts1930
- Decker v. CarrAppellate Division of the Supreme Court of the State of New York · 1896
- Decker v. CarrAppellate Division of the Supreme Court of the State of New York · 1896
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