Allen v. Brown
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The following facts were found "by the referee : 1st. That in the spring of 1858, and prior thereto, Con-. stant Cook, .Jotham Clark, Trumbull Carey, and the defendant were owners of certain claims against the Madison and Indianapolis Railroad Company, a corporation organized under and in pursuance of the laws of the state of Indiana, amounting to over $2300, in which said claims, the said Cook, Clark, Carey and the…
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APPEAL from a judgment entered on the report of a referee. The following facts were found "by the referee : 1st. That in the spring of 1858, and prior thereto, Con-. stant Cook, .Jotham Clark, Trumbull Carey, and the defendant were owners of certain claims against the Madison and Indianapolis Railroad Company, a corporation organized under and in pursuance of the laws of the state of Indiana, amounting to over $2300, in which said claims, the said Cook, Clark, Carey and the defendant, were in all respects equally interested. 2d. That the said Cook, Clark and Carey, in or previous to the…
1Opinion of the Court
By the Court, James C. Smith, J.
The main question in this case is whether the defendant is liable for the excess of the amount due on the two notes sold by him, over and above the sum which he received therefor. The referee has deduced such liability as a legal conclusion, from the facts found by him, that the notes referred to were sold by the defendant without authority from the plaintiff’s assignors, and that they were good security for their respective amounts. If the findings are warranted by the evidence, the conclusion is correct.. The defendant insists that the finding of the referee…
2Cases cited4 opinions
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Beardsley v. RootNew York Supreme Court · 1814
- Denton v. LivingstonNew York Supreme Court · 1812
- Richardson v. MeadNew York Supreme Court · 1858
3Cited by4 opinions
- Dennin v. PowersNew York Supreme Court · 1916
- Knope v. . NunnNew York Court of Appeals · 1897
- Knope v. NunnNew York Supreme Court · 1894
- Williams v. BrownNew York Court of Appeals · 1866