Soffe v. Gallagher
New York Court of Common Pleas
The complaint in this cause alleged, simply, the sale and delivery, by the plaintiff, of goods and merchandise of a specified value ; that the defendants, as copartners, were the purchasers, and had refused payment; and concluded by demanding judg-ment for the value aforesaid, and interest from the day of sale.
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The complaint in this cause alleged, simply, the sale and delivery, by the plaintiff, of goods and merchandise of a specified value ; that the defendants, as copartners, were the purchasers, and had refused payment; and concluded by demanding judg-ment for the value aforesaid, and interest from the day of sale. The answer averred that the defendants, at the time the goods were purchased by them, jointly indorsed and delivered to the plaintiff, in payment therefor, a promissory note made by one Nathan K. Ballard, to the order of the defendant Gallagher or bearer, dated a few days before the…
1Opinion of the CourtBy the Court. Woodruff, J.
The referee has found, in this case, that the plaintiff sold to the defendants the goods for the value whereof this suit was brought, and took the promisory note of N. K. Ballard, payable to the order of one of the defendants, and indorsed by both of them, in payment for the goods.
And he concludes, as matter of law, that, inasmuch as the defendants indorsed the note, the plaintiff was at liberty, after the maturity of the note, to sue the defendants for the value of the goods, and bring the note into court to be returned to the defendants; and, under that view of the law, he has reported in…
2Cases cited6 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Frisbie v. LarnedNew York Supreme Court · 1839
- Booth v. SmithNew York Supreme Court · 1829
- Monroe v. HoffNew York Supreme Court · 1848
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