Legal Opinion

Moore v. . Cross

New York Court of Appeals

Decided June 5, 1859PublishedCited by 48 opinions

One McGervey, a retailer in coal, applied to the respondent Moore, to buy coal of him. Moore offered to sell him for paper, to be indorsed by Cross, the appellant. McGervey thereupon applied to Cross, with whom he had dealings, informing him of the offer. To enable McGervey to buy this coal, Cross thereupon drew up, in his own handwriting, two promissory notes, amounting in gross to $800. to James Moore or order, and McGervey signed them as maker.

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One McGervey, a retailer in coal, applied to the respondent Moore, to buy coal of him. Moore offered to sell him for paper, to be indorsed by Cross, the appellant. McGervey thereupon applied to Cross, with whom he had dealings, informing him of the offer. To enable McGervey to buy this coal, Cross thereupon drew up, in his own handwriting, two promissory notes, amounting in gross to $800. to James Moore or order, and McGervey signed them as maker. Cross then indorsed them in blank, and handed them to McGervey, to be delivered to Moore for coal. They were so delivered, and the coal was…

1Opinion of the Court

Johnson, Ch. J.

This action is upon a promissory note, made by one McGrervey, payable to the order of James Moore, and indorsed in blank by John A. Cross, James Moore and John MclSTamee. The plaintiff is the James Moore to whose order the note is payable. It was proved that upon a negotiation for a sale of coal, by Moore to McGrervey, Moore agreed to sell him the coal for his note, indorsed by Cross, and that for this purpose Cross indorsed the note. The sale accordingly took place, and the coal and the note indorsed by Cross were respectively delivered. The note was discounted for Moore, at…

2Cases cited6 opinions

  1. Nelson v. DuboisNew York Supreme Court · 1816
  2. Herrick v. CarmanNew York Supreme Court · 1813
  3. Campbell v. ButlerNew York Supreme Court · 1817
  4. Tillman v. WheelerNew York Supreme Court · 1820
  5. Redmond v. RussellNew York Supreme Court · 1815

1 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Coulter v. . RichmondNew York Court of Appeals · 1875
  2. Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
  3. Phelps v. . VischerNew York Court of Appeals · 1872
  4. Meyer v. . HibsherNew York Court of Appeals · 1872
  5. Cady v. ShepardWisconsin Supreme Court · 1860

43 more not listed; retrieve them via the Exa API.

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