Stacy v. Graham
The Superior Court of New York City
This action was brought by the plaintiffs, as the owners of the brig Venus, to recover from the defendant the sum of $1,403.07, which the complaint alleged had been received by him as part of the proceeds of the sale of the brig, .under his promise to remit or pay over the same to the plaintiffs.
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This action was brought by the plaintiffs, as the owners of the brig Venus, to recover from the defendant the sum of $1,403.07, which the complaint alleged had been received by him as part of the proceeds of the sale of the brig, .under his promise to remit or pay over the same to the plaintiffs. The answer of the defendant denied that the plaintiffs were the owners of the Venus, but admitted that he had received the sum mentioned in the complaint from the proceeds of her sale, by virtue of an order given to him by the master, George W. Adams, who, it alleged, was the owner or a part owner of…
1Opinion of the CourtBy the Court. Hoffman, J.
The most important piece of testimony in the case is a letter of the defendant to the plaintiffs, which is as follows:
“ Hew York, 17th September, 1852.
“.Gentlemen,—By order from Captain Adams, Messrs. Maxwell, Wright, and Company have in account credited the undersigned with some money arising from the sale of the Venus, which would have been remitted ere this had I not been otherwise instructed; but now, as Captain Adams has arrived, the amount shall be held subject to your joint order.. I believe the amount to be about 2,4941| 000, but will this evening refer to my account current. Captain…
2Cases cited5 opinions
- Leonard & M'Cartee v. HuntingtonNew York Supreme Court · 1818
- People v. MooreNew York Supreme Court · 1836
- Wendover & Hinton v. HogeboomNew York Supreme Court · 1810
- Sharp v. United InsuranceNew York Supreme Court · 1817
- Hesketh v. StevensNew York Supreme Court · 1849
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