Elwell v. . Chamberlin
New York Court of Appeals
This action was brought in the Superior Court, of the city of Hew York, to recover the amount of a check given by the defendant, made and dated October 14th, 1856. The plaintiffs were the owners and holders of a promissory note made by the firm of Lane, West & Co., dated June 20th, 1856, and which was received by them from a broker, employed by that firm to raise money thereon,- in exchange for the plaintiffs’ note for the same amount.
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This action was brought in the Superior Court, of the city of Hew York, to recover the amount of a check given by the defendant, made and dated October 14th, 1856. The plaintiffs were the owners and holders of a promissory note made by the firm of Lane, West & Co., dated June 20th, 1856, and which was received by them from a broker, employed by that firm to raise money thereon,- in exchange for the plaintiffs’ note for the same amount. On such exchange the plaintiffs were allowed and received two and one-half per cent as a commission. This was the usual commission charged on similar…
1Opinion of the Court
The first point made by the counsel for the appellants is, that the judge erred in permitting the counsel for the defendant at the trial, to have the closing address to the jury. In this the learned judge was clearly correct. It appears from the case, that the defendant opened the case to the jury by calling the first witness. He had the affirmative of all the issues made by the pleadings, and if he had offered no evidence to sustain them, the plaintiffs would have been entitled, without adducing any testimony, to have a verdict and judgment for the amount demanded in their complaint. The…
2Cases cited6 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Huntington v. ConkeyNew York Supreme Court · 1860
- Dunham v. DeyNew York Supreme Court · 1816
- More v. HowlandNew York Supreme Court · 1847
- Ayrault v. ChamberlainNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Harriss v. TamsNew York Court of Appeals · 1932
- Chase Manhattan Bank v. PerlaAppellate Division of the Supreme Court of the State of New York · 1978
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
43 more not listed; retrieve them via the Exa API.