Rutgers v. Lucet
New York Supreme Court
This was an action of assumpsit. The declaration contained six counts, upon an agreement made by the defendant to return a certain bill of exchange, delivered to him by the plaintiffs, and which they alleged was not returned. The cause was tried before the Chief Justice, at the last March circuit, in New York. The plaintiffs produced the following receipt by the defendant.
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This was an action of assumpsit. The declaration contained six counts, upon an agreement made by the defendant to return a certain bill of exchange, delivered to him by the plaintiffs, and which they alleged was not returned. The cause was tried before the Chief Justice, at the last March circuit, in New York. The plaintiffs produced the following receipt by the defendant. “ Received, New York, 25th March, 1796, of Rutgers, Seaman &■ Ogden, a draft drawn by Samuel Downing, in their favor, and accepted by Royal Flint, bearing date the 14th August, 1795, at 60 days sight, for 601 dollars and 88…
1Per curiam
1. The purpose for which the defendant took the bill was fully answered, when it was allowed by the *arbitrators to the credit of Greenleaf. This appears to have been the object which the parties had in view, and the event on which, according to the tenor of the receipt, the defendant was to pay the money. At the time of obtaining this credit, or, at least, on the performance of the award, the bill was discharged, and became the property of Downing. The defendant could not then return it, within the spirit of his agreement with the plaintiffs, for it could not have been intended that he…
2Cases cited16 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Brockway v. AllenNew York Supreme Court · 1837
- Mills v. HuntNew York Supreme Court · 1838
- Beebee v. RobertNew York Supreme Court · 1834
- Mauri v. HeffernanNew York Supreme Court · 1816
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Siegel v. . Spear Co.New York Court of Appeals · 1923
- Jenkins v. BaconMassachusetts Supreme Judicial Court · 1873
- Mann v. ShriveAppellate Division of the Supreme Court of the State of New York · 1906
- Estis v. SimpsonNevada Supreme Court · 1878
- Hyde v. MoffatSupreme Court of Vermont · 1844