Sweeney v. Van Schaick
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by George W. Sweeney against Eugene Van Schaick. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBijur, J.
On March 7th one Russell, desiring to borrow from the defendant $150, to be paid to the Bretton Hotel Company for a purpose named by Russell and agreeable to defendant, drew his draft to his own order for $150, payable two weeks after date, and the same was accepted by the defendant, who at that time indorsed on the draft, “Pay to order of Bretton Hotel Company,” and Russell signed such indorsement.
[1,2] On the following day Russell took the draft to plaintiff, to whom he owed $75, and plaintiff cashed the draft for $150, receiving out of the proceeds $50 on account of Russell’s debt to…
2Cases cited1 opinion
- Passut v. HeubnerNew York Supreme Court · 1913