Davis v. Peck
New York Supreme Court
THIS action was tried before T. Odell, Esq., as salé referee. It was brought to recover the amount of certain promissory notes, executed by the defendant to the plaintiff, for money loaned by the plaintiff to the defendant upon his (the plaintiff’s) checks, and for services rendered by the plaintiff for the defendant as attorney and counsel.
Read the full summary
THIS action was tried before T. Odell, Esq., as salé referee. It was brought to recover the amount of certain promissory notes, executed by the defendant to the plaintiff, for money loaned by the plaintiff to the defendant upon his (the plaintiff’s) checks, and for services rendered by the plaintiff for the defendant as attorney and counsel. Two of the notes are made payable to the order of the plaintiff,'by the name and description of “ George R. Davis, receiver of the Watervleit Bank,” and three of the checks are signed “ George R. Davis, receiver, &c.” The plaintiff testified that the loan…
1Opinion of the CourtMiller, J.
It is objected that the plaintiff was not entitled to recover the amount of the several notes payable to his order as receiver of the Watervliet Bank, and the sums loaned, for which checks were given by the plaintiff as such receiver, for the reason that he showed no title to them, and that they were the property of the plaintiff as receiver, and did not belong to him individually.
I am inclined to think that the objection is not a valid one, and that no error was committed by the referee in allowing these items.
As to the notes, it appears that they were indorsed by the plaintiff as receiver,…
2Cases cited1 opinion
- Ayrault v. ChamberlinNew York Supreme Court · 1857
3Cited by9 opinions
- Nicolay v. . UngerNew York Court of Appeals · 1880
- Pichler v. . ReeseNew York Court of Appeals · 1902
- Olson v. O'ConnorNorth Dakota Supreme Court · 1900
- Caspar v. O'BrienThe Superior Court of New York City · 1873
- People v. . MingeyNew York Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.