Forward v. Harris
New York Supreme Court
THIS action was brought upon a contract alleged to have been made by the defendant with Forward & Smith, in Canada, under the following circumstances ; Forward & Smith, residing and doing business in Oswego, in November, 1853, had a claim against one Thompson; residing in Canada, which was in the hands of the defendant as their agent, to look after.
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THIS action was brought upon a contract alleged to have been made by the defendant with Forward & Smith, in Canada, under the following circumstances ; Forward & Smith, residing and doing business in Oswego, in November, 1853, had a claim against one Thompson; residing in Canada, which was in the hands of the defendant as their agent, to look after. In November, 1853, Smith, of the firm of Forward & Smith, being in Canada, set about securing his debt against Thompson, who procured the blank indorsement of two other individuals upon paper on which a bill or note could be drawn, for the purpose…
1Opinion of the Court
By the Court, W. F. Allen, J.
I am inclined to believe that the plaintiff in his complaint, and the referee in his report, have fallen into an error in calling the transaction between Smith, acting in behalf of Forward & Smith, and the defendant, a sale and transfer of the draft or bill of. exchange from the firm to the defendant. The bill being drawn on the defendant, whether accepted by him or not, was perhaps the subject of a sale to him ; although this may not be entirely clear. But the mistake, if one was made, is unimportant, and does not affect the rights of the parties. The facts upon…
2Cases cited2 opinions
- Miller v. HolbrookNew York Supreme Court · 1828
- Gardner v. ClarkNew York Supreme Court · 1854
3Cited by4 opinions
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- Jones v. National Cotton Oil Co.Court of Appeals of Texas · 1903
- Elmore v. HydeNew York Court of Common Pleas · 1877
- Jordan v. JordanNew York Supreme Court · 1874