Phelan v. Downs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, J. Murray Downs, individually and as referee, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county -of Albany on the 4th day of October, 1900, upon the decision of the court rendered after a trial at the Albany Trial Term, the jury having been discharged: The plaintiff seeks to recover the sum of $6,000, now in the custody of the court, under' the following circumstances:…
Read the full summary
Appeal by the defendants, J. Murray Downs, individually and as referee, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county -of Albany on the 4th day of October, 1900, upon the decision of the court rendered after a trial at the Albany Trial Term, the jury having been discharged: The plaintiff seeks to recover the sum of $6,000, now in the custody of the court, under' the following circumstances: Certain premises in the city of Albany were incumbered by a mortgage to secure $20,000. The defendant “ The First National…
1Opinion of the Court
Parker, P. J.:
■ It must be conceded that the $6,000 in question comes from the bank account of the American Fur Company. The check given *285to the referee was paid from that account, and it was so authenticated by the president that such payment could not. have been subsequently repudiated on the part of that company.
On the record, we must further concede that Grillig made such purchase in his own name and for his own benefit; and hence the money was used by him in his own personal venture. Neither the president, nor the other officers acting in the matter, could lawfully authorize him so to do.…
2Cases cited9 opinions
- Camden v. MayhewSupreme Court of the United States · 1889
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Fisher v. . HerseyNew York Court of Appeals · 1879
- Miller v. CollyerNew York Supreme Court · 1862
- Goodwin v. . SimonsonNew York Court of Appeals · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mariners Savings Bank v. DucaSupreme Court of Connecticut · 1922
- Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc.Supreme Court of Connecticut · 1929
- Egan v. BuellesbachAppellate Division of the Supreme Court of the State of New York · 1906
- Rakosi v. Robert Stein Unique Gorgeous Fashions, Inc.New York Supreme Court · 1986