Horton v. Morgan
The Superior Court of New York City
The action was brought to recover the sum of $3,600, and also the sum of $349.76, alleged to be due from the defendant to the plaintiff. The complaint states, as the causes of action, that the plaintiff, about the 8th of August, 1853, had loaned to the defendant the sum of $3,600, to be repaid on demand, with interest at 6 per cent.; that'a demand had been made, and refused.
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The action was brought to recover the sum of $3,600, and also the sum of $349.76, alleged to be due from the defendant to the plaintiff. The complaint states, as the causes of action, that the plaintiff, about the 8th of August, 1853, had loaned to the defendant the sum of $3,600, to be repaid on demand, with interest at 6 per cent.; that'a demand had been made, and refused. Next, that, about the 13th of June, 1854, the defendant represented to the plaintiff that he had purchased, on his account, two hundred shares of Parker Vein Company stock, and that there was a balance due from the…
1Opinion of the CourtBy the Court. Hoffman, J.
Prior to the 11th of August, 1852, the plaintiff had deposited with the defendant the sum of $3,600, for the purpose of investing the same in stocks.
On that day the plaintiff wrote to the defendant, instructing him that when he could buy Erie R. R. shares at 70 or 71, he would be glad to have him take all he was willing to carry, with the “ margin” left in his hands by R. Talcott, for his (plaintiff’s) account, say $3,600.
This was answered on the 13th of August, suggesting some objections to the purchase, on the terms and prices named.
On the 26th of August, the plaintiff wrote that the news re*58…
2Cited by3 opinions
- Gregory v. WendellMichigan Supreme Court · 1879
- Peckham v. KetchumThe Superior Court of New York City · 1860
- Whitehouse v. MooreThe Superior Court of New York City · 1861