Doremus v. Williams
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered on the report of a referee. The ownership of Doremus & Nixon’s claim against the Long Island Navigation Company became vested in respondent when he made and delivered his notes. The very making and delivery of the notes by Williams, and their acceptance by Doremus, concluded the transaction.
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Appeal from a judgment in favor of the defendant, entered on the report of a referee. The ownership of Doremus & Nixon’s claim against the Long Island Navigation Company became vested in respondent when he made and delivered his notes. The very making and delivery of the notes by Williams, and their acceptance by Doremus, concluded the transaction. (Kessel v. Albetis, 56 Barb., 362; Sexton v. Fleet, 2 Hilt., 485; Davis v. Shields, 26 Wend., 362.) Ho written assignment of said claim was exacted as a condition precedent on the delivery of the notes, nor was any written assignment necessary. The…
1Opinion of the Court
Brady, J.:
This action was brought to recover on five promissory notes, made by defendant and payable to the order of the firm of Doremus & Hixon. At'the date of the notes that firm held a valid claim against the Long Island navigation Company, equal to the amount of the notes, for goods sold and delivered to them upon the order of the defendant, who was then president. The company, at the time the notes were given, was not able to pay its debts, and the defendant gave his notes for the amount of the plaintiff’s demand, upon the consideration of the firm’s assigning to him their claim against…
2Cases cited4 opinions
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Freligh v. PlattNew York Supreme Court · 1826
- Kessel v. AlbetisNew York Supreme Court · 1870
- Sexton v. FleetNew York Court of Common Pleas · 1859