Keutgen v. Parks
The Superior Court of New York City
This was an action of trover for a promissory note for $1593 94, made by Wood, Folger & Messer, to the plaintiff, dated April 13,1845, and payable at six months. Upon the trial, the following facts appeared: For two years prior to April, 1845, one Ray, a note broker, had been in the habit of taking business paper from the plaintiff for the purpose of procuring it to be discounted.
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This was an action of trover for a promissory note for $1593 94, made by Wood, Folger & Messer, to the plaintiff, dated April 13,1845, and payable at six months. Upon the trial, the following facts appeared: For two years prior to April, 1845, one Ray, a note broker, had been in the habit of taking business paper from the plaintiff for the purpose of procuring it to be discounted. In some instances the arrangement was, for Ray to procure it to be discounted at a bank, and account for the proceeds, less his brokerage ; in others, he discounted the paper himself, taking it on his own account,…
1Opinion of the CourtBy the Court. Sandford, J.
The objection to Ray’s competency as a witness for the plaintiff, was pressed with great earnestness on the argument, and if well founded, is fatal to the plaintiff' ’s case ; for he is the only witness to some facts without which the action cannot be maintained. It is said, first, that Ray, on the assumption that he was an agent and not the purchaser of the note, is liable to the plaintiff for the costs of the suit, in the event of the latter’s failure. But this view of the matter is clearly erroneous. Whatever may have been the misconduct of an agent, it does not subject him to the costs of…
2Cases cited7 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Marshall v. DavisNew York Supreme Court · 1828
- Everett v. CoffinNew York Supreme Court · 1831
- Murray v. BurlingNew York Supreme Court · 1813
- Reynolds v. ShulerNew York Supreme Court · 1826
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- Thorer & Hollander, Inc. v. FuchsAppellate Division of the Supreme Court of the State of New York · 1934
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