Nicolet's administrator v. Pillot
New York Supreme Court
Error from the superior court of the city of Ne'w-York. Benjamin Clapp, administrator, with the will annexed, of *Theodore [ *241 ] Nicolet deceased, brought an action of trover against Pillot and Le Barbier for four promissory notes amounting together to the sum of $7, 473,13, under the following circumstances : Nicolet, a merchant residing at New-Orleans, had, through his agent It.
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Error from the superior court of the city of Ne'w-York. Benjamin Clapp, administrator, with the will annexed, of *Theodore [ *241 ] Nicolet deceased, brought an action of trover against Pillot and Le Barbier for four promissory notes amounting together to the sum of $7, 473,13, under the following circumstances : Nicolet, a merchant residing at New-Orleans, had, through his agent It. Braem, oí New-York, purchased of the house of Mansing, Munroe King, of New-York, a number of promissory notes payable at future days : one, a note for $772,87, given by Thomas Graves & Co. payable at Jackson, in…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The judgment of the court below, I am of opinion, is correct. The letters of Nicolet of 2d, 22d and 25th April, amounted, in legal effect, to a virtual assignment of the notes in question to the defendants for a valuable consideration. That was obviously the understanding and intent of all parties concerned. In respect to Nicolet, it is too frequently and earnestly expressed in his correspondence to be mistaken for a moment. He had failed to fulfil his engagements with the defendants’ house, knew they were laboring under heavy advances by reason thereof, *at a…
2Cited by1 opinion
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