Cortelyou v. Lansing
New York Supreme Court
THIS was an action of assumpsit, under the foi lowing circumstances. On the 29th April, 178( Antill deposited with the defendant a - note, taking from him a receipt in these words- “ Received of E. Antill, as a deposit, to remain in my hands his depreciation note, dated 1st January, 1781, No. 26, said to be for the value of 2,629 dollars and 48 cents, which note is to delivered up upon the payment of 600 dollars, with lawful interest, lent and advanced by me to the said E.…
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THIS was an action of assumpsit, under the foi lowing circumstances. On the 29th April, 178( Antill deposited with the defendant a - note, taking from him a receipt in these words- “ Received of E. Antill, as a deposit, to remain in my hands his depreciation note, dated 1st January, 1781, No. 26, said to be for the value of 2,629 dollars and 48 cents, which note is to delivered up upon the payment of 600 dollars, with lawful interest, lent and advanced by me to the said E. A. on the 24th September, 1783, or upon giving such other security as will be acceptable for the whole, or such part as…
1Opinion of the Court
Per Curiam, delivered by Kent, J.
The points relied on by the defendant are,
1. That he had a right to dispose of the certificate.
2. That the pledge had become absolute by the death of the pawnor.
3* That a tender of the money was requisite before suit,
4. That the rule of damages was subject to the discretion of the jury.
The two first questions raised in this case, respect the rights of the parties over the depreciation note thus deposited with the defendant; the one claiming a right to redeem, and the other to sell it; each reciprocally denying the other’s pretensions. But the *202books involve the…
2Cited by16 opinions
- Fisher v. George S. Jones Co.Supreme Court of Georgia · 1899
- Hamer v. HathawayCalifornia Supreme Court · 1867
- Heyland v. BadgerCalifornia Supreme Court · 1868
- Lewis v. GrahamNew York Court of Common Pleas · 1857
- Roberts v. SykesNew York Supreme Court · 1859
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