Hawks v. Hinchcliff
New York Supreme Court
This was an appeal by the defendant from a judgment entered at special term. The action was for goods, wares and merchandise sold and delivered to the defendant.. The answer denied that there was. any indebtedness on the part of the defendant.
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This was an appeal by the defendant from a judgment entered at special term. The action was for goods, wares and merchandise sold and delivered to the defendant.. The answer denied that there was. any indebtedness on the part of the defendant. The defendant then alleged, that previous to the month of October, in the year 1846, he 'and one Samuel Milman were partners, doing business in the city of Rochester, and as such partners they became indebted to the plaintiff for the purchase of certain goods, wares and merchandise; but to what amount the defendant was unable to state; that said…
1Opinion of the Court
By the Court, Johnson, J.
I do not see any ground, Upon the facts appearing in the case, on which the plaintiff’s recovery can be sustained. Because, conceding that the notes taken by the plaintiff of Milman «fe Carpenter, for the debt of the defendant and Milman, were taken expressly as collateral security, and did not in any way operate as payment or merger of the original indebtedness, still it appears that the plaintiff transferred one of the notes, upón which the holder brought his action and obtained a judgment, and that the other was prosecuted to judgment by the plaintiff himself, and…
2Cases cited6 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Frisbie v. LarnedNew York Supreme Court · 1839
- Averill v. LoucksNew York Supreme Court · 1849
- Van Eps v. DillayeNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Griggs v. . DayNew York Court of Appeals · 1892
- Haber v. BrownCalifornia Supreme Court · 1894
- Prouty v. EatonNew York Supreme Court · 1863
- Albright v. GriffinIndiana Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.