Chamberlin v. R. W. Milbank & Co.

The judgment of the court was pronounced by

Rost, J.

The plaintiff claims from the defendants the delivery of a note of hand, subscribed by one Martam, deposited by him with John D. Marsh, and avers that the order he gave the defendants, R. W. Milbank Sf Co., on Marsh for said note was obtained by fraud and without consideration. The case is before us on the appeal of R. W. Milbank Sf Co.

One Thomas P. Hoey, a stranger in this city, employed the firm of R. W. Milbank Sf Co. as his merchants, and delivered to them a bill of lading for fifty bales of cotton, or thereabouts, upon which they…