Legal Opinion

Canfield v. Monger

New York Supreme Court

Decided October 15, 1815PublishedCited by 8 opinions

IN ERROR, on certiorari to a justice's court. This was an action of trover for a noté of about five dollars. , * drawn by one Linsey, payable to Monger, the plaintiff below,dated in the year 181Z. The defendant pleaded not guilty ;■ and, upon the trial, it appeared that a note, of the description set out in the declaration, had been delivered to one- John E„ Canfield, to receive the amount of the drawer, and, when paid, to credit and endorse the amount on a note which John…

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IN ERROR, on certiorari to a justice's court. This was an action of trover for a noté of about five dollars. , * drawn by one Linsey, payable to Monger, the plaintiff below,dated in the year 181Z. The defendant pleaded not guilty ;■ and, upon the trial, it appeared that a note, of the description set out in the declaration, had been delivered to one- John E„ Canfield, to receive the amount of the drawer, and, when paid, to credit and endorse the amount on a note which John E«, Canfield held against the. plaintiff and one Reuben Adams ■: that J 0 both these notes were afterwards m the…

1Per curiam

How the defendant below came info-possession of the note in. question, does not appear. But it is necessarily to be inferred, from the evidence, that he either received it by purchase from John E. Canfield, or, as his agent, to collect, and apply it in the samé manner as John E. Canfield was authorized to do; and" the defendant must be considered as standing-in the same skua- - tian, and clothed with the same rights,in relation to this note, as-John E. Canfield was; and the delivery of the note to him, with - directions to receive and apply it .towards payment of his own • note, would amount…

2Cited by8 opinions

  1. Bibend v. Liverpool & London Fire & Life InsuranceCalifornia Supreme Court · 1866
  2. Bump v. Van OrsdaleNew York Supreme Court · 1852
  3. Morse v. BellowsSuperior Court of New Hampshire · 1835
  4. Brown v. Chamberlain, Miler & Co.Supreme Court of Florida · 1861
  5. Donley & Anderson v. CundiffTexas Supreme Court · 1872

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