Legal Opinion

Bonito v. Mosquera & Co.

The Superior Court of New York City

Decided February 6, 1858PublishedCited by 8 opinions

This is an appeal, by the plaintiffs, from an order denying a motion for an injunction pendente lite, as prayed for in their complaint. The plaintiffs in this action are Charles Bonito and Antonio Duque, composing the firm of Bonito & Co., doing business at Bogota, in the Republic of New Grenada.

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This is an appeal, by the plaintiffs, from an order denying a motion for an injunction pendente lite, as prayed for in their complaint. The plaintiffs in this action are Charles Bonito and Antonio Duque, composing the firm of Bonito & Co., doing business at Bogota, in the Republic of New Grenada. The defendants are Tomas Cipriano Mosquera and Aníbal Mosquera, composing the firm of Mosquera & Co., Clinton Hitchcock and Richard A. Reading, composing the firm of Hitchcock & Reading, and Samuel F. Tracy. The firms of Mosquera & Co., and Hitchcock & Reading, do business in the City of New York.…

1Opinion of the CourtHoffman, J.

"This statement is sufficiently accurate to raise the material questions in the case.
*412“ First. Have Hitchcock and Reading a right to be subrogated to the claim of Mosquera & Co. ?

‘‘Next. Have they a right, beyond or independently of that claim, for their own advances to Mosquera & Co. ?

“ The admitted price of the ceroons is now about $32 each, which would yield, say $50,000. If Mosquera & Co. establish their whole account, the proceeds will do no more than pay it. If it is reduced, as claimed, to about $24,000, then, even if Hitchcock and Reading can be substituted for this amount, they must…

2Cases cited6 opinions

  1. Saltus & Saltus v. EverettNew York Supreme Court · 1838
  2. Covill v. Hill & SanfordNew York Supreme Court · 1847
  3. McFarland v. WheelerNew York Supreme Court · 1841
  4. Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
  5. Urquhart v. M'IverNew York Supreme Court · 1809

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cartwright v. . WilmerdingNew York Court of Appeals · 1862
  2. First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
  3. Howland v. . WoodruffNew York Court of Appeals · 1875
  4. Merchants' Bank of Canada v. LivingstonNew York Court of Appeals · 1878
  5. Bliss v. BlissThe Superior Court of New York City · 1860

3 more not listed; retrieve them via the Exa API.

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