De Caumont v. Rasines
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Antonio Rasines, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county , of New York on the 3d day of December, 1898, upon the verdict of a jury rendered by direction of the court.
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Appeal by the defendant, Antonio Rasines, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county , of New York on the 3d day of December, 1898, upon the verdict of a jury rendered by direction of the court. The action was brought upon four promissory notes, each forming a separate cause of action, each payable to the order of Charles W. Dayton, attorney, and signed by J. S. McWilliam, since deceased, and Antonio Rasines, the defendant, and each having express collaterals. The answer admits the making of the notes and delivery for…
1Opinion of the Court
O’Brien, J. :
The collaterals mentioned in the notes did not include the real estate, part of the proceeds of which when realized went to discharge the debt or obligation due from Stier to the McWilliam estate. What in fact the appellant insists upon is that Stier, being the agent for the plaintiff and having money in his hands which was realized from the sale of the real estate, should have applied what was due to the McWilliam estate to the payment of the notes; or, differently expressed, that the plaintiff, being chargeable with the same notice and knowledge that her attorney and agent had,…
2Cases cited2 opinions
- Pain v. PackardNew York Supreme Court · 1816
- Remsen v. . BeekmanNew York Court of Appeals · 1862
3Cited by2 opinions
- Wiener v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908
- Buffalo Savings Bank v. Threeinwon Realty Corp.New York Supreme Court · 1940