Richardson v. Carpenter
The Superior Court of New York City
This action was brought on an instrument of which the following is a copy: “ New York, February 14,1868. “ Mr. G. Carpenter, 13 Chambers street. “ Please pay E. Richardson, Esq., or order, five hundred dollars for value received, besides the amount stipulated to pay Mr. R. out of the proceeds of the claim against the Peabody estate, now in your hands to collect, when the same shall have been collected by you.
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This action was brought on an instrument of which the following is a copy: “ New York, February 14,1868. “ Mr. G. Carpenter, 13 Chambers street. “ Please pay E. Richardson, Esq., or order, five hundred dollars for value received, besides the amount stipulated to pay Mr. R. out of the proceeds of the claim against the Peabody estate, now in your hands to collect, when the same shall have been collected by you. “ Respectfully yours, “H. B. Melville. [Written across the face:] “Accepted February 24, 1868. “ Geo. Carpenter.” • The complaint sets out the substance of the above instrument according…
1DissentSpencer, J.
I do not deem it necessary to discuss the character of the instrument which is the basis of this action, *368as I hold that, whether the same shall be deemed a draft or commercial paper, or only a simple order, the evidence sustains the findings of the referee and the judgment. I also hold that, if the referee erred in denying the motion to dismiss the complaint, the evidence subsequent thereto fully supported his final conclusion. I hold this instrument to be an order or draft for money, made by one party upon and accepted by another (the defendant), the payment of which was contingent upon the…
2Cases cited1 opinion
- Vreeland v. Blunt & TompkinsNew York Supreme Court · 1849