Hathaway v. County of Delaware
Appellate Division of the Supreme Court of the State of New York
Cboss-appeals by the plaintiffs, Charles Hathaway and others, and by the defendant, The County of Delaware, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of Broome on the 1st day of J uly, 1904, upon the decision of the court, rendered after a trial at the Broome County Trial Term, the jury having been discharged, dismissing the complaint upon the merits as to the first cause of action, and in favor of the plaintiffs as to…
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Cboss-appeals by the plaintiffs, Charles Hathaway and others, and by the defendant, The County of Delaware, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of Broome on the 1st day of J uly, 1904, upon the decision of the court, rendered after a trial at the Broome County Trial Term, the jury having been discharged, dismissing the complaint upon the merits as to the first cause of action, and in favor of the plaintiffs as to the second cause of action set forth in the complaint. The plaintiffs, a firm of private bankers, seek in this action…
1Opinion of the Court
Parker, P. J.:
The plaintiffs seek to recover against Delaware county the $10,000 advanced by them to the Albany County Bank, and which was subsequently applied by that bank upon a note held by it against such county, upon the theory that such application amounted to a payment of a debt due from the county, and, therefore, was money paid by them to the use of the county. ■
Upon this claim the trial judge has found that if it be assumed that the note upon which the plaintiffs’ money was so applied was a valid and existing obligation against the county, yet the plaintiffs did not make themselves…
2Cases cited6 opinions
- Goshen National Bank v. StateNew York Court of Appeals · 1894
- Flynn v. . HurdNew York Court of Appeals · 1889
- Taylor v. BaldwinNew York Supreme Court · 1851
- Campbell v. . UptonNew York Court of Appeals · 1902
- Campbell v. UptonAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906