Aspinwall v. Meyer
The Superior Court of New York City
. This was an action of assumpsit, brought to recover the amount of a promissory note for $3698 40, dated May 1st, 1846, payable twelve months after date, made by the defendant to the order of The Alliance Mutual Insurance Company, and alleged to have been indorsed by the company to Howland & Aspinwall, the plaintiffs.
Read the full summary
. This was an action of assumpsit, brought to recover the amount of a promissory note for $3698 40, dated May 1st, 1846, payable twelve months after date, made by the defendant to the order of The Alliance Mutual Insurance Company, and alleged to have been indorsed by the company to Howland & Aspinwall, the plaintiffs. The cause was tried before Judge Sandford, without a jury, on the 6th day of June, 1848, and by consent of the respective parties, a verdict was taken for the plaintiffs for the sum of $3973 81, subject to the opinion of the court. The defendants counsel admitted the signature…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The note in suit was transferred to the plaintiffs on the 19th day of February, 1847, by Mr. Ogden, the president of the Alliance Mutual Insurance *185Company, under the following circumstances. On the 28th day of August, 1846, the plaintiffs took from the company a policy on the brig Mary Ann for $9600 ; the voyage to be from Baltimore to Port Maria, Falmouth, and Jamaica, to either first. On the day of the transfer of this note, the vessel had not been heard from for six months; but a vessel arrived at New Orleans, reported to have passed a wreck, and the name “ Mary Ann” was reported to have…
2Cases cited1 opinion
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Brookman v. MetcalfThe Superior Court of New York City · 1859