Legal Opinion

Sullivan v. Fosdick

New York Supreme Court

Decided March 15, 1877Published

Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. Tbis action was brought to recover tbe sum of $4,000 and interest, wbicb sum was deposited by Dominique Stromener with Henry Delafield. Tbe Abbe Stromener, a priest, at Jeremie, Hayti, in November, 1853, forwarded to Henry Delafield two drafts amounting to $4,000, upon wbicb Mr. Delafield, in February, 1854, realized that sum.

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Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. Tbis action was brought to recover tbe sum of $4,000 and interest, wbicb sum was deposited by Dominique Stromener with Henry Delafield. Tbe Abbe Stromener, a priest, at Jeremie, Hayti, in November, 1853, forwarded to Henry Delafield two drafts amounting to $4,000, upon wbicb Mr. Delafield, in February, 1854, realized that sum. It was agreed that tbe moneys should be left in Mr. Delafield’s bands at six per cent interest, to be drawn only as follows: “And when you wish to withdraw them you can draw on me at…

1Opinion of the Court

Davis, P. J.:

In deciding this case, the learned referee, William M. Pritchard, Esq., delivered the following opinion:

“In November, 1853, Dominique Stromener, an ecclesiastic, residing at Jeremie, in the Republic of Hayti, sent to defendants’ testator drafts due about 1st March, 1851, and then paid, for $1,000, which amount he desired Mr. Delafield to retain and allow him interest *178upon it. Mr. Delafield declined to allow interest if lie was to be liable to refund tbe money on demand; and it was thereupon agreed between, them, that in order to withdraw said money Stromener must draw on…

2Cases cited5 opinions

  1. Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
  2. Payne v. . GardinerNew York Court of Appeals · 1864
  3. Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
  4. Miller v. BurroughsNew York Court of Chancery · 1820
  5. Baird v. WalkerNew York Supreme Court · 1851

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