Garr v. Gomez
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Gomez sued Garr, and in his declaration, after reciting that a certain suit in equity was pending between him as complainant and the defendant, and that certain differences existed between them, as w'cll as to the right of the plaintiff further to prosecute such suit in his name, as of and concerning certain acceptances made by the defendant upon two certain bills of exchange, drawn upon him and another person by one A. Holbridge, in favor of…
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Error from the supreme court. Gomez sued Garr, and in his declaration, after reciting that a certain suit in equity was pending between him as complainant and the defendant, and that certain differences existed between them, as w'cll as to the right of the plaintiff further to prosecute such suit in his name, as of and concerning certain acceptances made by the defendant upon two certain bills of exchange, drawn upon him and another person by one A. Holbridge, in favor of two individuals, who had endorsod the bills to the plaintiff, and of and concerning certain matters of set-off claimed by…
1Opinion of the Court
The following opinions were delivered i
By the Chancellor.
The counsel for the plaintiff in error supposes the necessary effect of the decision of the arbitrator that the suit abated by the assignment, was to show that Gomez had no right to receive or collect the balance due on the acceptances, and that such balance belonged to the assignees. 1 apprehend, however, that no such result follows, and that this part of the decision of the arbitrator is perfectly consistent with his award that Gomez was the true and lawful holder of the bills, and that Garr was bound to account with him and pay him…
2Cases cited3 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Elmendorf v. HarrisNew York Supreme Court · 1830
- Murray v. RichardsNew York Supreme Court · 1828
3Cited by20 opinions
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
- Norton v. GaleIllinois Supreme Court · 1880
- Toledo S. S. Co. v. Zenith Transp. Co.Court of Appeals for the Sixth Circuit · 1911
- Zane v. FinkWest Virginia Supreme Court · 1881
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