Risley v. . Smith
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, setting aside a verdict in favor of plaintiff and granting a new trial.
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Appeal from order of the General Term of the Superior Court of the city of New York, setting aside a verdict in favor of plaintiff and granting a new trial. (Reported below, 7 J. & S., 137.) This action was brought to recover the amount of a draft or order, signed by defendants, of which the following is a copy : “ $5,000. New Yobk, July 13, 1867. “ For value received, pay to the order of John E. Risley five thousand dollars pro rata, as the money shall become due to us under our contract with you of this date, and charge the same to the account of “Yours truly. “ W. H. SMITH. “ CHARLES KING.…
1Opinion of the CourtEarl, J.
It is agreed upon both sid'es that the instrument of July 13, Í861, drawn by defendants upon the president of the railroad company, is not a bill of exchange, but that it operates as an assignment of the fund upon which it is drawn to the extent of $5,000. And the only question for our consideration is the obligation assumed by the defendants by this instrument under the circumstances surrounding its execution. '
The railroad company owed the plaintiff something for services in procuring the defendants to enter into a contract to build its road; the amount to be paid him had not been…
2Cases cited1 opinion
- Gallagher v. . NicholsNew York Court of Appeals · 1875
3Cited by18 opinions
- Wagner v. DerecktorNew York Court of Appeals · 1954
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Home Bank v. . DrumgooleNew York Court of Appeals · 1888
- Crane v. WilliamsonCourt of Appeals of Kentucky · 1901
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