Moore v. Miller
New York Supreme Court
This was an appeal by the plaintiff from a judgment entered upon a verdict of a jury. The plaintiff brought this action against one Isaac Millei and The Metropolitan National Bank, respondents, to recover possession of a certificate of indebtedness of the State of New York for $10,000, issued prior to October 31, 1867, the property of the plaintiff, which the plaintiff alleged he was induced, by false representations of Miller, to transfer to him upon a paroi agreement…
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This was an appeal by the plaintiff from a judgment entered upon a verdict of a jury. The plaintiff brought this action against one Isaac Millei and The Metropolitan National Bank, respondents, to recover possession of a certificate of indebtedness of the State of New York for $10,000, issued prior to October 31, 1867, the property of the plaintiff, which the plaintiff alleged he was induced, by false representations of Miller, to transfer to him upon a paroi agreement between plaintiff and Miller that it should be cashed within three weeks, and if not cashed within three weeks should be…
1Opinion of the CourtP. Potteb, J.
Since the recent decision in the Court of Appeals, of the greatly mooted question that arose in McNeil v. The Tenth National Bank,m* it seems to me that we can hardly regard the question arising in this case as an open one. It is claimed that the whole certificate was not transferred, but only $10,000 of it; but the obligations given by Miller in payment clearly imply an entire purchase, and the plaintiff in his evidence shows nothing to the contrary.
We have been furnished the manuscript of the opinion delivered in that case, and I am unable to distinguish the question *401to be decided in the…
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Root v. FrenchNew York Supreme Court · 1835
- Mowrey v. WalshNew York Supreme Court · 1828
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