Legal Opinion

Rathbone & Banks v. Tucker & Carter

New York Supreme Court

Decided July 15, 1836PublishedCited by 8 opinions

Error from the superior court of the city- of New-York. Tucker and Carter being ship chandlers, in May, 1831, furnished rigging and other articles, to the amount of $3132,03, for a ship then building for Rathbone and Banks. The goods were charged to skip Nashville and owners, and were furnished at a credit of six months from the average date of the bill. The contract was made with the plaintiffs by an agent of the defendants of the pame of Price.

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Error from the superior court of the city- of New-York. Tucker and Carter being ship chandlers, in May, 1831, furnished rigging and other articles, to the amount of $3132,03, for a ship then building for Rathbone and Banks. The goods were charged to skip Nashville and owners, and were furnished at a credit of six months from the average date of the bill. The contract was made with the plaintiffs by an agent of the defendants of the pame of Price. The defendants had a disbursing agent of the name of Servoss, whom they furnishéd with amplefunds to defray the whole cost of the ship and rigging,…

1Opinion of the Court

By the Court,

Nelson, J.

I am of opinion that it is impossible to distinguish this case, on principle, from the class of cases which hold, that taking a note of the agent does not discharge the principal, without actual payment at maturity, unless the principal shows affirmatively that he has in some way sustained an injury by the creditor thus dealing with the *500agent. Wyatt v. Marquis of Hertford, 3East, 147. 15 Johns. R. 276. 1 Cowen 306. 1 Campb. 312. 7 Johns. R. 311.

It clearly appears, from the evidence, that the plaintiffs, by tak*nS the note of the agent, did not intend to look exclusively…

2Cited by8 opinions

  1. Rowan v. ButtmanNew York Court of Common Pleas · 1865
  2. Donaldson v. NeidlingerCity of New York Municipal Court · 1888
  3. English v. RauchfussAppellate Terms of the Supreme Court of New York · 1897
  4. Kirkpatrick v. PyleSupreme Court of Delaware · 1883
  5. Kirkpatrick v. PyleSupreme Court of Delaware · 1883

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