Bussing v.Thompson
The Superior Court of New York City
Before Duer, Ch. J., Bosworth, Hoffman, Slosson and Woodruff, Justices. This action comes "before the court, on an appeal by the plaintiffs from an order vacating an order directing the defendant to be arrested and held to bail. The moving and opposing affidavits present certain undisputed facts; up to and for several years prior to the 25th of August, 1857, the defendant was prosecuting extensively, the business of a banker, in the city of New-York.
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Before Duer, Ch. J., Bosworth, Hoffman, Slosson and Woodruff, Justices. This action comes "before the court, on an appeal by the plaintiffs from an order vacating an order directing the defendant to be arrested and held to bail. The moving and opposing affidavits present certain undisputed facts; up to and for several years prior to the 25th of August, 1857, the defendant was prosecuting extensively, the business of a banker, in the city of New-York. The plaintiffs reside in Cincinnati, Ohio. In November, 1855, they opened an account with the defendant as their banker. At that time an…
1Opinion of the Court
By the court—Bosworth, Justice.
There is no ground for pretending that Thompson on the 15th of August, 1857, when he received the $4,000 draft, was insolvent, or contemplated becoming so.
He received it pursuant to an agreement, under which he had then been acting nearly two years. That agreement made it his duty to collect the draft, and gave him a right to use the proceeds, and made him liable to pay interest on any balance of which it might form a part, until he was required to pay the balance itself.
There was no fraud in receiving or collecting the draft. It is urged, however, that having…
2Cited by1 opinion
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