Billings v. Meigs
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, against the defendants, to recover a balance alleged to be due to the firm of B. F. Carver & Co., of which firm the plaintiff was a member, on an account kept by that firm with the defendants. The case was tried before a referee, who found the following facts: Pirst.
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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, against the defendants, to recover a balance alleged to be due to the firm of B. F. Carver & Co., of which firm the plaintiff was a member, on an account kept by that firm with the defendants. The case was tried before a referee, who found the following facts: Pirst. That the plaintiff did, on the 24th day of October, 1860, form a copartnership with Benjamin F. Carver and Courtland G. Babcock, to transact the business of banking at Chicago, in the State of Illinois, under the name and style…
1Opinion of the Court
By the Court, Clerke, P. J.
In the additional findings of the referee, he finds, as matters of fact, that the various sums, which the defendants claim they had a rightto appropriate to the individual use of B. F. Carver, were transmitted in the regular course of their-business, from Chicago to the defendants, by B. F. Carver & Co. composed of the said B. F, Carver, Coddington Billings and Court-land G, Babcock, and that this was done without the knowledge and consent of Billings and Babcock. The plaintiff’s firm were bankers in Chicago, dealing in money and government bonds, and loans and…
2Cited by1 opinion
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