Soule v. Mogg
New York Supreme Court
Appeal from a judgment of the Onondaga County Court, reversing a judgment in a Justice’s Court in favor of the plaintiff. The action was brought by the plaintiff, one of the patrons of a cheese factory, to recover his share of the proceeds of a check of $472.30 drawn by Pichard Perrine to the order of the defendant who was the salesman for the patrons. It was alleged that the defendant had been negligent in collecting the check in question.
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Appeal from a judgment of the Onondaga County Court, reversing a judgment in a Justice’s Court in favor of the plaintiff. The action was brought by the plaintiff, one of the patrons of a cheese factory, to recover his share of the proceeds of a check of $472.30 drawn by Pichard Perrine to the order of the defendant who was the salesman for the patrons. It was alleged that the defendant had been negligent in collecting the check in question. The check was given August 3, 1882, and had the same been presented within reasonable time thereafter it would have been paid, inasmuch as the drawer…
1Opinion of the Court
Hardin, P. J.:
When the county judge reversed the justice’s judgment he stated in the memorandum, “the one perplexing question of this caséis whether the action was properly brought or not.” He ddded “ he thought it was not,” and without passing upon any other questions involved in the appeal reversed the judgment. We have looked at the other *80objections involved in the case and agree with the county judge that the main and pivotal question in the case is the one referred to by him in his memorandum. The evidence in the court below, and the verdict based thereon, established the fact that it…
2Cases cited4 opinions
- Porter v. . KingsburyNew York Court of Appeals · 1879
- Tripp v. RileyNew York Supreme Court · 1863
- Channon v. LuskNew York Supreme Court · 1870
- Wilber v. . SissonNew York Court of Appeals · 1873