Bickford v. . Menier
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 8. 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 36 Hun, 446.) The nature of the action and the material facts are set forth in the opinion.. A power to borrow must be clearly shown. All the presumptions are against it.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 8. 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 36 Hun, 446.) The nature of the action and the material facts are set forth in the opinion.. A power to borrow must be clearly shown. All the presumptions are against it. Factors and consignees entrusted with goods for sale have no right, in addition to owing their principals for proceeds, to involve them by additional obligations. (1 Chit. on Cont. [4th ed. 1874], 293;…
1Opinion of the Court
Ruger, Ch. J.
This action was brought by the plaintiff to recover of the defendants the sum of £1,200, alleged to have been loaned, to them, by her in the following sums at the times mentioned, viz., £200 in 27ovember, 1878; £200 in March, 1879, and £800 in May, 1879. Previous to these loans the plaintiff does not appear to have had any personal or written communication with the defendants in respect thereto, but alleges that she loaned the money to one Edward Bickford, an alleged agent of the defendants.
The loans were made at the city of 27ew York, of which place the plaintiff and Edward…
2Cases cited4 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Rossiter v. RossiterNew York Supreme Court · 1832
- Tucker v. WoolseyNew York Supreme Court · 1872
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- Henry v. . AllenNew York Court of Appeals · 1896
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- McDermott v. JacksonWisconsin Supreme Court · 1897
- Kuhn v. City of New YorkNew York Court of Appeals · 1937
- Connell v. McLoughlinOregon Supreme Court · 1895
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