Vose v. . the Florida Railroad Company
New York Court of Appeals
Appeal from a judgment at a General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of the defendants entered upon the decision of the court at Special Term. The action was brought to recover a balance due on several promissory notes made by the Florida Railroad Company, and indorsed by Yulee, for which balance the other defendants were also claimed to be liable, by reason of transactions particularly detailed in the complaint.
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Appeal from a judgment at a General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of the defendants entered upon the decision of the court at Special Term. The action was brought to recover a balance due on several promissory notes made by the Florida Railroad Company, and indorsed by Yulee, for which balance the other defendants were also claimed to be liable, by reason of transactions particularly detailed in the complaint. In 1856, Joseph Finnegan & Co. contracted with the Florida Railroad Company to construct so much of the railroad of the…
1Opinion of the CourtAhdkews, J.
By the contract made between Vose & Co. and Finnegan & Co., for the sale by the former to the latter of iron, to be used in the construction of the Florida railroad, the contractors agreed to deposit with Vose & Co. first mortgage bonds of the Florida Railroad Company, guaranteed by the internal improvement fund of the State of Florida, and also Freeland bonds of the company, as security for the payment of the purchase-price of the iron to be delivered under the contract.
The payment for 2,000 tons of the iron was to be further secured by the notes of the contractors indorsed by the defendant…
2Cases cited2 opinions
- Marquat v. . MarquatNew York Court of Appeals · 1855
- Neff's AppealSupreme Court of Pennsylvania · 1845
3Cited by25 opinions
- Griggs v. . DayNew York Court of Appeals · 1892
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Antisdel v. . WilliamsonNew York Court of Appeals · 1901
- State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927
- In re the Estate of IsraelNew York Surrogate's Court · 1970
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