Gilchrist v. Cunningham
New York Supreme Court
Error from the superior court of the city of New-York. Cunningham sued R. Gilchrist and J. T. Gilchrist in án action of assumpsit for money had and received. On the 9th August, 1857, the defendants being commission merchants, made an advance to the plaintiff of $1500, by their note for that sum at 90 days, which, when due, they paid.
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Error from the superior court of the city of New-York. Cunningham sued R. Gilchrist and J. T. Gilchrist in án action of assumpsit for money had and received. On the 9th August, 1857, the defendants being commission merchants, made an advance to the plaintiff of $1500, by their note for that sum at 90 days, which, when due, they paid. On making the advance, they received of the plaintiff two mortgages as security for the delivery to them of a quantity of flour, td be sóld for the account of the plaintiff; one of the m~rtgages was executeci by S. T. Baldwin and Sarah Ann his wife~to `Edward…
1Opinion of the Court
By the Court, Savage, Ch. J.
Two questions of law were raised in the court below, and those questions have been argued here: 1. Whether the action was properly brought against both defendants; 1. Whether the testimony of Curtis was properly admitted, explaining the assignment of the mortgage.
The original transaction was clearly a loan of $1500, for which the two mortgages were received as collateral security; if, therefore, the defendants have received upon those securities more than their $1500 and interest, the surplus is money in their hands for the use of the plaintiff below, or his…
2Cases cited1 opinion
- Randall v. RichMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
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- Jackson v. LodgeCalifornia Supreme Court · 1868
- State v. Real Estate BankSupreme Court of Arkansas · 1844
- Minneapolis Trust Co. v. . MatherNew York Court of Appeals · 1905
- Birckhead v. De ForestCourt of Appeals for the Second Circuit · 1903
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