Wilmerdings v. Fowler
New York Supreme Court
This is an appeal from an order made at special term, requiring N. Hill Fowler, an attorney,- to pay to Wilmerdings & Mount the sum of $963 T9^-, with interest from the 14th December, 1869, and in default of such payment an attachment issue against him.
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This is an appeal from an order made at special term, requiring N. Hill Fowler, an attorney,- to pay to Wilmerdings & Mount the sum of $963 T9^-, with interest from the 14th December, 1869, and in default of such payment an attachment issue against him. On the 14th November, 1866, one Mentheim Lowenstein consigned to Wilmerdings & Mount, auctioneers, a lot of merchandise, which realized, after deducting advances and expenses, $963.36. This sum Lowenstein sold and transferred to Bernard Rice. On the 27th November, 1852, Nathaniel H. Fowler and others, being the same N. Hill Fowler, recovered…
1Opinion of the Court
By the Court, Gilbert, J.
It is testified by the attorney of Messrs. Wilmerdings & Mount, and not denied by Mr. Fowler, that when the latter obtained the moneys in controversy he knew the fact that said moneys were claimed by Mr. Rice, and that an action, brought by him, against Wilmer-dings & Mount to recover the same was then pending. There is nothing in the papers to show that Mr. Fowler had any reason to question the title of Mr. Rice to the moneys. On the contrary, it is a fact of some significance that it is not made to appear that Lowenstein, the judgment debtor, on his examination…
2Cited by2 opinions
- State v. CareySupreme Court of Minnesota · 1922
- Anderson v. BosworthSupreme Court of Rhode Island · 1887