Howard v. . France
New York Court of Appeals
Arpead from a judgment of the G-eneral Term-of the Common Pleas of the city of Hew York, affirming a judgment foi the plaintiff, on the report of a referee. In 1862, the defendant and one Barnhart were the owners of a mill property in Ohio, and were manufacturing and shipping flour for sale, under the firm name of Barnhart & France, and were in embarrassed circumstances.
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Arpead from a judgment of the G-eneral Term-of the Common Pleas of the city of Hew York, affirming a judgment foi the plaintiff, on the report of a referee. In 1862, the defendant and one Barnhart were the owners of a mill property in Ohio, and were manufacturing and shipping flour for sale, under the firm name of Barnhart & France, and were in embarrassed circumstances. An arrangement was then made with the plaintiff by which he agreed to furnish $3,000 as capital, and to indorse the business paper of Barnhart & France t'o the amount of $10,000 to $15,000, for which he was to be secured by a…
1Opinion of the CourtAllen, J.
Ho demand was necessary before bringing the action. It was the duty of the defendant to remit the money to the plaintiff if received by the defendant to his use. (Stacy v. Graham, 4 Kern., 492.) But the defendant, after receiving the money, denied the right of the plaintiff to receive it, and stopped the payment of his check, which had come to 'the possession of the plaintiff. His action was equivalent to a refusal to pay, and obviated the necessity of a demand, if demand would, under other circumstances, have been necessary.
The principal objections to the recovery, rest upon the supposed…
2Cases cited2 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Casey v. BrushNew York Supreme Court · 1805
3Cited by20 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- Belanger v. DanaNew York Supreme Court · 1889
- Eightway Corp. v. Dime Savings BankCivil Court of the City of New York · 1978
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Stern v. LowAppellate Division of the Supreme Court of the State of New York · 1967
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