Des Arts v. . Leggett
New York Court of Appeals
Appeal from the Superior Court of New-York city. Action on a promissory note made by the defendants, dated October 29th, 1853, for the payment of $943.13, six months from date. The complaint stated that the note was indorsed by the payees thereof to James H. Benedict So Co., who indorsed and transferred it to the plaintiffs, and that on or about March 5th, 1854, while the note was owned by the plaintiffs, it was accidentally destroyed and consumed by fire.
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Appeal from the Superior Court of New-York city. Action on a promissory note made by the defendants, dated October 29th, 1853, for the payment of $943.13, six months from date. The complaint stated that the note was indorsed by the payees thereof to James H. Benedict So Co., who indorsed and transferred it to the plaintiffs, and that on or about March 5th, 1854, while the note was owned by the plaintiffs, it was accidentally destroyed and consumed by fire. At the trial, before Mr. Justice Slosson and a jury, the plaintiffs proved that on the 28th of October, 1853, James H. Benedict & Co.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] As in this case the plaintiffs, if they can maintain their suit at all, must rely upon title to the note, acquired through the tender made to them by Benedict Co., it is unnecessary to consider whether they were bound to accept the note when tendered. Their present position is, that they have accepted and acquired the title to the note. That the tender made by Benedict Co. was sufficient in form is not denied; and as the plaintiffs must in this action assume…
2Cases cited5 opinions
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Slingerland v. MorseNew York Supreme Court · 1811
- Lamb v. LathropNew York Supreme Court · 1834
- Sheldon v. SkinnerNew York Supreme Court · 1830
- Hinsdale v. Bank of OrangeNew York Supreme Court · 1831
3Cited by15 opinions
- Wright v. . WrightNew York Court of Appeals · 1873
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Mason v. . DeckerNew York Court of Appeals · 1878
- Roth v. PalmerNew York Supreme Court · 1858
- Carr v. StateNew York Court of Claims · 1961
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