Wilber v. Sisson
New York Supreme Court
THIS action was brought to recover the sum of $400.19, which the defendant had received as the proceeds of the sale of a quantity of cheese manufactured and sold by the First Collins Cheese Factory. The plaintiff claimed to recover the money as the assignee of Peter G-arnel, to whose credit the money stood on the books of the factory. Whatever right he had to the money, was in some maúner, though how does not appear by the case, derived from his brother John G-amel.
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THIS action was brought to recover the sum of $400.19, which the defendant had received as the proceeds of the sale of a quantity of cheese manufactured and sold by the First Collins Cheese Factory. The plaintiff claimed to recover the money as the assignee of Peter G-arnel, to whose credit the money stood on the books of the factory. Whatever right he had to the money, was in some maúner, though how does not appear by the case, derived from his brother John G-amel. The defendant claimed to hold the sum of $349.13 of the money as the property of Ansel F. Conger, who claimed it under the terms…
1Opinion of the Court
By the court, Daniels, J.
The plaintiff derived whatever right he has to the money in controversy from John Gamel, under the agreement made by the latter with Ansel F. Conger; and the defendant, as the treasurer of the cheese factory, under the authority conferred by the same agreement, insists upon holding so much of it as is really in controversy, for Conger. By the course of business adopted at the factory, the money received from the sale of cheese was paid to the person to whom it stood credited upon the books and to whom the check or account for it was issued. But the evidence tended to…
2Cases cited3 opinions
- Caswell v. DistrichNew York Supreme Court · 1836
- Dinehart v. WilsonNew York Supreme Court · 1853
- Tanner v. HillsNew York Supreme Court · 1865
3Cited by7 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Arnold v. HatchSupreme Court of the United States · 1900
- Vaughn v. De Wandler, New York County Courts1882
- Vedder v. DavisNew York Supreme Court · 1888
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