Moffat v. Fulton
New York Supreme Court
Appeal from circuit court, New York county. Action by Gavin J. Moffat against Bobert Fulton and another to recover the proceeds of two promissory notes made by the plaintiff and indorsed by the defendants. Both the plaintiff and defendants were in the paper business at the times mentioned in the evidence.
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Appeal from circuit court, New York county. Action by Gavin J. Moffat against Bobert Fulton and another to recover the proceeds of two promissory notes made by the plaintiff and indorsed by the defendants. Both the plaintiff and defendants were in the paper business at the times mentioned in the evidence. The plaintiff was in business in New Haven, Conn., and the defendants were partners under the firm name of the Weymouth Paper-Mills, having an office in New York city in charge of the defendant, Fulton. In November, 1886, the plaintiff made and delivered to the defendants a note to their…
1Opinion of the CourtBartlett, J.
I find it difficult to reconcile the conclusion reached by Mr. Justice Brady in this case (infra) with the decisions of the general term of this department in Hillis v. Bleckert, 6 N. Y. Supp. 405, and Bartlett v. Sutornis, Id. 406. If those cases were correctly decided, it seems to me that the judgment under review on this appeal is erroneous so far as it assumes to authorize the issue of execution against the person of the defendants. The proof made out a case of money had and received. The learned trial judge held that the complaint and evidence sufficed to establish the fact that the…
2Cases cited1 opinion
- Hillis v. BleckertNew York Supreme Court · 1889
3Cited by3 opinions
- Moffatt v. . FultonNew York Court of Appeals · 1892
- Bartlett v. SutoriusNew York Supreme Court · 1889
- Flatow v. Von BremsenCity of New York Municipal Court · 1890