Legal Opinion

Keep v. Lord

The Superior Court of New York City

Decided March 25, 1853PublishedCited by 12 opinions

This case came before the general term on an appeal from a judgment sustaining a demurrer to the answer to the complaint.

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This case came before the general term on an appeal from a judgment sustaining a demurrer to the answer to the complaint. The plaintiff, as assignee of Charles King, brought this action to recover for goods sold and delivered by King to the defendants between the 20th of February and the 1st of July, 1851, on a credit which expired on the 25th of December, 1851. King assigned this account to the plaintiff on the 18th of September, 1851. The defendants were owners of a note made by King on the 2d of June, 1851, payable six months after its date, and which was purchased by them on the 5th of…

1Opinion of the CourtBy the Court. Bosworth, J.

The debt owing to King by the defendant, was for goods sold and delivered by him to them between the 20th of February and the 1st of July, 1851, and became due on or about the 25th of December, 1851.

King, on the 18th of September, 1851, assigned to the plaintiff, in trust for the payment of his debts, all his property, including the debt owing to him by the defendants.

About the 5th of June, 1851, the defendants purchased a note against King for the payment of $300, payable six months from June 2d, 1851, or on the 9th of December following, being a few days prior to the maturing of the demand…

2Cases cited4 opinions

  1. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  2. Chance v. Isaacs & SmythNew York Court of Chancery · 1836
  3. Sanford v. JacksonNew York Court of Chancery · 1843
  4. Van Cleef v. SicklesNew York Court of Chancery · 1835

3Cited by12 opinions

  1. Barnes v. McMullinsSupreme Court of Missouri · 1883
  2. Huse v. AmesSupreme Court of Missouri · 1890
  3. Maas v. GoodmanNew York Court of Common Pleas · 1859
  4. Coburn v. BakerThe Superior Court of New York City · 1857
  5. President v. StebbinsThe Superior Court of New York City · 1857

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