Union Trust Co. of New York v. . Whiton
New York Court of Appeals
Appeal from judgment of the General. Term of the Supreme Court, in the first judicial department, entered upon an order made March 22, 1882, which affirmed a judgment in favor of defendant entered upon a verdict. This action was brought to recover $75,000 alleged to have been loaned by plaintiff to defendant. Defendant’s answer averred in substance that the loan was not made to him but to Kimball & Co. for whom he was acting as broker.
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Appeal from judgment of the General. Term of the Supreme Court, in the first judicial department, entered upon an order made March 22, 1882, which affirmed a judgment in favor of defendant entered upon a verdict. This action was brought to recover $75,000 alleged to have been loaned by plaintiff to defendant. Defendant’s answer averred in substance that the loan was not made to him but to Kimball & Co. for whom he was acting as broker. Plaintiff produced and proved the delivery by it to defendant of a check payable to his order for the amount of the loan, and indorsed by him. It then gave in…
1Opinion of the CourtMiller, J.
The indorsement upon the back of the envelope, in which were the bonds, upon which the money was loaned by the plaintiff, did not, of itself, contain all the necessary language required to make a complete contract and was very informal and imperfect. There was no promise to pay, no agreement by the defendant, in" fact, to do any thing. The indorsement gives the name of the defendant at the top of the envelope and his address, but it' does not state that he was the borrower, or the agent, or in what capacity he acted, nor does it appear for what purpose his name and address were placed where…
2Cases cited2 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Hunt v. State Tax CommissionNew York Court of Appeals · 1985
3Cited by15 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Eames v. H. B. Claflin Co.Court of Appeals for the Second Circuit · 1917
- Ostrander v. SnyderNew York Supreme Court · 1893
- Phillips & Benjamin Co., Inc. v. RatnerCourt of Appeals for the Second Circuit · 1953
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