Brintnall v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel M. Rice, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of May, 1900, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Ingraham, J.:
The defendant, being the owner of 100 barrels of whisky and desiring to obtain a loan of money, requested the plaintiff to execute a promissory note which would enable the defendant to obtain the loan upon depositing the whisky as collateral security, from one John Lyons, a liquor dealer doing business in Boston. The plaintiff executed his promissory note to the order of the defendant and delivered the same to him, who delivered it to Lyons and obtained the loan. The defendant gave the plaintiff a receipt for the note, which recited that it was received in payment. of 100 barrels…
2Cases cited3 opinions
- Tebo v. . RobinsonNew York Court of Appeals · 1885
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
- Connecticut Trust & Safe Deposit Co. v. WeadAppellate Division of the Supreme Court of the State of New York · 1901