Clarke v. Hawkins
Supreme Court of Rhode Island
Assumpsit on a promissory note, dated July 21, 1856, for $1,000, made by the defendant, payable to John C. Harris or order four months after date, and by Harris indorsed in blank, and discounted by the Rhode Island Central Bank.
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Assumpsit on a promissory note, dated July 21, 1856, for $1,000, made by the defendant, payable to John C. Harris or order four months after date, and by Harris indorsed in blank, and discounted by the Rhode Island Central Bank. The action was brought by the plaintiff, as receiver of said bank, by appointment under statute proceedings, had in this court to wind up the bank, on the ground, that it was so managing its affairs, that the public, and those having funds in its custody, were in danger of being defrauded by it. Plea, the general issue; with liberty to give any special matter of…
1Opinion of the CourtAmes, C. J.
The liability of the defendant upon the note sued being admitted, the only questions before us are, as to the sums which he claims should be allowed to him against the amount of the note, by way of accord and satisfaction and set-off.
The first of these, is, as to the sum of $433.12; being the contract price at which the bank, by their memorandum of September 22,1857, agreed to take the defendant’s thirty-eight and a half shares in the capital stock of the bank; and which is claimed, by virtue of the subsequent tender of the stock to the receiver at that price, although the stock was refused…
2Cases cited1 opinion
- Ward v. Van BokkelenNew York Court of Chancery · 1828
3Cited by1 opinion
- Lees v. Industrial Trust Co.Supreme Court of Rhode Island · 1941