Brumskill v. . James
New York Court of Appeals
The action was brought against William L. James and Eliza Eaglesum. The complaint alleged that the defendants, under and by their copartnership name of Eaglesum & Co., made two promissory notes, particularly described in the complaint, and thereby promised to pay to the plaintiff or order the sums mentioned in them respectively. The notes were dated Toronto, Canada, August first, 1846. The defendant Eliza did not appear or answer.
Read the full summary
The action was brought against William L. James and Eliza Eaglesum. The complaint alleged that the defendants, under and by their copartnership name of Eaglesum & Co., made two promissory notes, particularly described in the complaint, and thereby promised to pay to the plaintiff or order the sums mentioned in them respectively. The notes were dated Toronto, Canada, August first, 1846. The defendant Eliza did not appear or answer. The defendant James by his answer denied that he, jointly with said Eliza, either under the .firm name of Eaglesum The cause was tried at the Brie county circuit,…
1Opinion of the Court
Gardiner, Ch. J.
The first exception relates to the insufficiency of the certificate of the commissioners, in not stating, in pursuance of the direction of the judge who allowed the commis sion, that it was by them deposited in the post office. The direction indorsed on the commission was as follows: “ This commission when executed is to be enclosed in a wrapper, and deposited in the post office by the commissioners at the city of Toronto, directed to Wells Brooks, Esq.", county clerk of the county of Erie, Buffalo, Erie county, New-York, and a certificate thereof indorsed upon the wrapper…
2Cited by15 opinions
- Broome v. . TaylorNew York Court of Appeals · 1879
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- Tanzer v. BreenAppellate Division of the Supreme Court of the State of New York · 1909
- Sturgis, Cornish & Burn Co. v. MillerNebraska Supreme Court · 1907
- Hamm v. BascheOregon Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.