Priest v. Price
New York Court of Appeals
Appeal from the judgment of the Supreme Court at General Term, affirming the judgment of the court entered upon the report of a referee in favor of the plaintiff.
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Appeal from the judgment of the Supreme Court at General Term, affirming the judgment of the court entered upon the report of a referee in favor of the plaintiff. The plaintiff brought this action to recover back the sum of $1,929.38 paid to the defendant, as the assumed owner or agent of the owner of the following instrument: “•Exchange for $5,000. New York, Oct. 9, 1859. “ Thirty days after sight of this first of exchange (second and third unpaid) pay to the order of Messrs. Ward & Price $5,000, payable in gold-dust at $16 per ounce, value received, and charge the same to account. (Signed)…
1Opinion of the CourtMorgan, J.
Upon the undisputed facts of this case, the defendant, not being the owner of the demand, received of the plaintiff the balance appearing to be due upon the instrument set forth in the complaint, without any right unless he was the agent of the owner, and if he was such agent he received it without paying it over to the owner, as it was his duty to do, in consequence of which Lanfear, the owner, brought an action against the plaintiff and recovered the same balance of him. There is no equity in the defense, and no principle of law upon which the defendant can be allowed to retain the money.
The…
2Cited by4 opinions
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