Bank of British North America v. Delafield
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 December 29,1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury.
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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 December 29,1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as assignee of the firm of William T. Coleman & Co., of San Francisco, to recoveithe sum of $25,000 and interest alleged to have been loaned and advanced by said firm to defendant who ivas, at the time, one of its members. Plaintiff’s evidence was to the effect that on December 31, 1887, defendant drew…
1Opinion of the CourtPeckham, J.
Hpo-n the question whether the money which the plaintiff seeks to recover was a loan to the defendant from the firm of which he was a member, or was money drawn by him under -a claim .of right from the firm treasury in Hew York, we think- there was evidence to warrant a finding that it Avas a loan and was so received by the defendant.
The learned trial judge found that it was a loan. No time was specified for its repayment, and it became due upon demand. The defendant claims that no action at law by a portion of a firm can be maintained in case of a breach of contract and of a wrongful act by…
2Cases cited4 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Crater v. . BiningerNew York Court of Appeals · 1871
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Gridley v. . DoleNew York Court of Appeals · 1851
3Cited by32 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Brown v. . SpohrNew York Court of Appeals · 1904
- People v. . KoernerNew York Court of Appeals · 1897
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Biggs v. StuelerCourt of Appeals of Maryland · 1901
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