Andrews v. Bond
New York Supreme Court
This was an appeal by the plaintiff from a judgment rendered at a special term. The complaint alledged, that on the first day of January, 1850, at the town of Mt.
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This was an appeal by the plaintiff from a judgment rendered at a special term. The complaint alledged, that on the first day of January, 1850, at the town of Mt. Morris, a promissory note dated on or about the 13th day of Juno, 1849, made by James Parsons, by his agent Thomas Parsons, was delivered to the defendant by one Daniel Aylesworth, to be by him collected and the avails thereof applied by the said Bond in payment of-a promissory note, made and delivered by said Aylesworth to Bond; that afterwards and on the first day of April, 1850, Aylesworth paid the said last mentioned note, and…
1Opinion of the CourtBy the Court. Johnson, J.
The action is for an alleged tort, in the conversion of a negotiable promissory note. The complaint alleges a transfer of the note to the plaintiff on the 2d day of April, 1850, and a demand by the plaintiff and refusal to deliver by the defendant on the 20th September, 1850. The only evidence of the transfer of the note to the plaintiff is the order of Aylesworth, to whose order the note was alleged to be payable, dated the 2d April, 1850. It is doubtful, I think, whether this order by Aylesworth to deliver the note to the *640plaintiff was sufficient evidence, of the transfer of the title of…
2Cited by12 opinions
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