Moss v. . Livingston
New York Court of Appeals
Appeal from the superior court of the city of New-York, where the cause was tried before Oakley, O. J. The plaintiff had a verdict. That court on a case made affirmed the decision at the trial, and after judgment the defendant appealed to this court. The case is stated in the opinion of Httblbut, J.
1Opinion of the CourtHurlbut, J.
The declaration in this case contained the common money counts, with a notice subjoined, to the effect that the only cause of action on which the plaintiff relied, was a bill of exchange; a copy of which was set out in these awards:
“ Eagle Eiver, August 20, 1846.
Sixty days after sight, please pay to the order of Charles El lett, sup’t three hundred dollars value rece’d and charge [209] the same as advised. Abraham Morrell.
To John E. Livingston, Jr.
President Eosendale M’ng Co., Mew-York.
[Indorsed]
Pay to the order of Theodore F. Moss, Esq.
Charles Ellett, Sup’t.
Accepted Sept. 14, 1846. John E.…
2Cases cited2 opinions
- Brockway v. AllenNew York Supreme Court · 1837
- Bay v. GunnCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by12 opinions
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Bowne v. DouglassNew York Supreme Court · 1862
- Cortland Wagon Co. v. LynchNew York Supreme Court · 1894
- Exchange Nat. Bank v. Third Nat. BankUnited States Circuit Court · 1880
- Haight v. NaylorNew York Court of Common Pleas · 1874
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