Hopkins v. Mollinieux
New York Supreme Court
This was an action of assumpsit, tried at the Niagara circuit in November, 1827, before the Hon. John Birdsall, then one of the circuit judges. The defendant was in possession of a farm sold to him by the plaintiff, on which there was a mortgage executed by the plaintiff, and which had been assigned by the holder to one Carpenter.
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This was an action of assumpsit, tried at the Niagara circuit in November, 1827, before the Hon. John Birdsall, then one of the circuit judges. The defendant was in possession of a farm sold to him by the plaintiff, on which there was a mortgage executed by the plaintiff, and which had been assigned by the holder to one Carpenter. In 1818, the wife of the plaintiff made an arrangement with the defendant, by which it was stipulated that she should deposit with one Townsand a note, made by one Hersey to her husband, bearing date in April, 1818, for $1000, payable in lumber in one year from…
1Opinion of the Court
By the Court,
Sutherland J.
I think the weight of evidence is that the defendant agreed to receive one half of the Hersey note absolutely, and not by way of security only ; •and that it was deposited with Mr. Townsend expressly upon those terms. The testimony of Townsend and Hersey is very clear and explicit upon this point. The material question in the case is whether it was shewn by competent 'evidence that Mrs. Hopkins, who made the contract with •the defendant and delivered the note to Townsend, acted as *467the authorized agent of her husband the plaintiff. If she had authority from him to…
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