Legal Opinion

State Bank at New Brunswick v. Mettler

The Superior Court of New York City

Decided February 6, 1858PublishedCited by 2 opinions

The President, Directors and Company of the State Bank at New Brunswick, in the State of New Jersey, are the plaintiffs in this action, and Samuel Mettler, J. Spaulding Reynolds and William F. Mettler are the defendants. It now comes before the Court, at General Term, on an appeal by the plaintiffs, from a judgment, in favor of the defendants, entered on the report of a referee, to whom it had been referred to hear and decide it.

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The President, Directors and Company of the State Bank at New Brunswick, in the State of New Jersey, are the plaintiffs in this action, and Samuel Mettler, J. Spaulding Reynolds and William F. Mettler are the defendants. It now comes before the Court, at General Term, on an appeal by the plaintiffs, from a judgment, in favor of the defendants, entered on the report of a referee, to whom it had been referred to hear and decide it. It is brought to recover the amount of an unaccepted draft, or bill of exchange, drawn by John Mettler, on Mettler, Reynolds & Co., the defendants, upon an alleged…

1Opinion of the CourtBy the Court. Bosworth, J.

The complaint states, and the referee finds, that for about eleven years prior to the transaction in question, either S. Mettler alone, or the firms of which, during that period, he was a member, received, from time to time, produce from John Mettler, upon an agreement between him and S. Mettler, or the firms of which the latter was a member, that John Mettler might draw against such consignments, and that S. Mettler, or his firms, should accept and pay, and reimburse themselves out of the proceeds of the property so consigned.

*397That was the relation existing, between the defendants and John…

2Cases cited2 opinions

  1. Barker v. BucklinNew York Supreme Court · 1846
  2. Ellwood v. MonkNew York Supreme Court · 1830

3Cited by2 opinions

  1. Clapp v. LawtonSupreme Court of Connecticut · 1862
  2. Stoddard v. GrahamNew York Supreme Court · 1861

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