Des Arts v. Leggett
The Superior Court of New York City
The case came before the court upon a verdict found for the plaintiffs, by direction of the court, for the amount of the promissory note in question, and interest, subject to the opinion of the court at General Term, upon a case to be made, with liberty to either party to turn the same into a bill of exceptions, or special verdict. The case is stated in the opinion of the court.
1Opinion of the CourtBy the Court. Hoffman, J.
The facts of the case upon which the rights of the parties, in my opinion, depend, are these.
The plaintiff’s action is upon' a promissory note made by the defendants, Leggett & Brothers, for the sum of $943.13, to their own order, and endorsed by James H. Benedict & Co., who transferred the same to the plaintiffs. They aver, in the complaint, that, while such note was owned by them, it was accidentally destroyed by fire.
The firm of James H. Benedict & Co. agreed with the plaintiffs, on the 29th of October, 1853, to purchase of them a quantity of rags, at a certain price. The purchasers…
2Cases cited2 opinions
- McNair v. GilbertNew York Supreme Court · 1829
- Fintard v. TackingtonNew York Supreme Court · 1813
3Cited by4 opinions
- Brookman v. MetcalfThe Superior Court of New York City · 1867
- Mills v. Albany Exchange Savings BankNew York Supreme Court · 1899
- Bishop v. SniffenNew York Court of Common Pleas · 1861
- Brookman v. MetcalfThe Superior Court of New York City · 1867