McCoy v. Artcher
New York Supreme Court
Error to the Albany mayor’s court. Artcher sued McCoy & duackenboss in the mayor’s court, in assumpsit, to recover for a breach of warranty of title to a promissory note of one Josiah Porter, alleged to have been sold by McCoy & C&uackenboss to Artcher, under the following circumstances.
Read the full summary
Error to the Albany mayor’s court. Artcher sued McCoy & duackenboss in the mayor’s court, in assumpsit, to recover for a breach of warranty of title to a promissory note of one Josiah Porter, alleged to have been sold by McCoy & C&uackenboss to Artcher, under the following circumstances. On the 7th of September, 1840, McCoy & duackenboss, who were merchants residing at Albany, sold to James Arnold, who lived in Chautauque county, stoves and hollow ware to the amount of $737,77, and took Arnold’s notes for the same; one payable on the 1st of January, 1841, and the other on the 1st of April,…
1Opinion of the Court
By the Court,
Paekeb., J.
The controlling question, presented in this case, is whether there was an implied warranty of title on the sale of the note, from McCoy & Quackenboss to Artcher. Mc'Coy <fc Quackenboss were' not, at the time of the’ sale, in the possession of the note. It still remained in the possession ofWm. W. Arnold, the agent of James Arnold. They did not, at the time, believe the story of Hulburt, that such a note had been taken for them, and McCoy so stated, repeatedly,to Artcher. The latter, who was a relative of Hulburt, and better acquainted with him, believed his…
2Cases cited6 opinions
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Hart v. WrightNew York Supreme Court · 1837
- Heermance v. VernoyNew York Supreme Court · 1810
- Defreeze v. TrumperNew York Supreme Court · 1806
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Balte v. BedemillerOregon Supreme Court · 1900
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Huntingdon v. HallSupreme Judicial Court of Maine · 1853
4 more not listed; retrieve them via the Exa API.