Barret v. Gracie
New York Supreme Court
MOTION to discharge an order of arrest. The complaint alleges that the plaintiff, at divers times in the month of November, 1860, to wit, on the 6th, 9th and 12th days of said November, by his agents, delivered to the defendant, who was doing business in the city of New York as a broker, divers bills of exchange on parties in England, for the aggregate sum of £9600 sterling,, upon an agreement made with the defendant, whereby he agreed to sell said bills of exchange at…
Read the full summary
MOTION to discharge an order of arrest. The complaint alleges that the plaintiff, at divers times in the month of November, 1860, to wit, on the 6th, 9th and 12th days of said November, by his agents, delivered to the defendant, who was doing business in the city of New York as a broker, divers bills of exchange on parties in England, for the aggregate sum of £9600 sterling,, upon an agreement made with the defendant, whereby he agreed to sell said bills of exchange at certain specified rates per cent over and above his commissions for selling, and to pay the amounts so received by him, on…
1Opinion of the CourtBarnard, J.
The dates of the delivery of these bills with the number thereof delivered on those dates, the aggregate amount thereof, the rate at which they were to be sold, and the sum which they would produce if sold at those rates as the same are alleged in the complaint, will appear by the following schedule.
It will thus be perceived that the proceeds of the bills delivered on the 6th and 9th of November have been paid to the plaintiff, and that this action is in fact brought for the proceeds of the bills delivered on the 12th. Upon the complaint and an affidavit supporting the allegations contained…
2Cases cited1 opinion
- Simon Gratz's Executors v. CohenSupreme Court of the United States · 1851
3Cited by8 opinions
- Levins v. NobleNew York Supreme Court · 1862
- Griswold v. SweetNew York Supreme Court · 1875
- Warner v. BatesWisconsin Supreme Court · 1889
- Britton v. RichardsNew York City Court · 1872
- Royal Insurance v. NobleNew York Court of Common Pleas · 1868
3 more not listed; retrieve them via the Exa API.