Davis v. . Garr
New York Court of Appeals
* Appeal from the general term of the Supreme ^ Court, in the first district, where a judgment of the Superior Court of the city of New York, in favor of the plaintiffs, had been affirmed.
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* Appeal from the general term of the Supreme ^ Court, in the first district, where a judgment of the Superior Court of the city of New York, in favor of the plaintiffs, had been affirmed. This was an action of assumpsit by Charles A. Davis and Louis McLane, describing themselves as survivors of “Charles A. Davis, Louis McLane and Joseph M, White, trustees of the Apalachicola Land Company,” against the defendant, as administrator of Colin Mitchell, deceased, upon three promissory notes, in the following form: “ $4492.50. Apalachicola, April 21,1836. Twelve months after date, I promise to pay…
1Opinion of the Court
*Gardiner, J.
— The first objection presented -* by the pleadings on the part of the defendant is, that the written instruments set forth in the declaration are payable to the trustees therein named, or their sue-' cessors in office, and that the uncertainty as to which of the two, the payment is to be made, invalidates them as promissory notes, though not as agreements. I am unable to perceive any such contingency in the contract.
If the plaintiffs are to be considered as the representatives of a corporation, and the suit instituted for the benefit of their principal, the payment must be made…
2Cases cited4 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Taft v. BrewsterNew York Supreme Court · 1812
- Benjamin v. De GrootCourt for the Trial of Impeachments and Correction of Errors · 1845
- Walrad v. PetrieNew York Supreme Court · 1830
3Cited by23 opinions
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Mtr. of Knox (Columbia Banking)New York Court of Appeals · 1985
- Dollar Saving & Trust Co. v. CrawfordWest Virginia Supreme Court · 1911
- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
- Bank v. LooneyTennessee Supreme Court · 1897
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