McKay v. . Draper
New York Court of Appeals
Appeal by the defendant from a judgment of the Supreme Court. The action was brought to recover the sum of five hundred dollars alleged to have been deposited with the defendant, by one Hunneville Vincent, to be paid over to the plaintiff’s intestate upon the event, mentioned in the agreement in the following words: “This agreement, made the 16th day of August, 1858, between James McKay, of the city of New York, and Hunneville Vincent, of the same place, witnesseth that, in…
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Appeal by the defendant from a judgment of the Supreme Court. The action was brought to recover the sum of five hundred dollars alleged to have been deposited with the defendant, by one Hunneville Vincent, to be paid over to the plaintiff’s intestate upon the event, mentioned in the agreement in the following words: “This agreement, made the 16th day of August, 1858, between James McKay, of the city of New York, and Hunneville Vincent, of the same place, witnesseth that, in consideration of good and valuable considerations, the said Vincent shall deposit with Simeon Draper the sum of five…
1Opinion of the CourtMarvin, J.
There is no exception to the findings or decisions of the referee; but there are numerous exceptions to the rejection-of evidence offered to show the consideration of the agreement between the-plaintiff and Vincent: that Vincent .was a mere agent of Blake, or Blake and Hall: that the money belonged to Blake: that Vincent acted in fraud of Blake’s rights in giving the order for the money; and that the plain: tiff cooperated in such fraud, without connecting Draper with these' facts. Such offered evidence was properly excluded. There was no privity between the defendant and Blake, or any…
2Cited by11 opinions
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- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
- Heimpel v. First National Bank and Trust CompanySupreme Court of Pennsylvania · 1940
- Corn Exchange Bank v. Farmers' National Bank of LancasterNew York Court of Appeals · 1890
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