Shaver v. . Western Union Telegraph Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered on the report of a referee. This was a consolidated action embracing three suits brought to recover installments alleged to be due upon an order accepted by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered on the report of a referee. This was a consolidated action embracing three suits brought to recover installments alleged to be due upon an order accepted by defendant. In February, 1868, one J. A. Borst was an employe of the defendant at a monthly salary of $118, payable at the end of each month, and the defendant caused to be delivered to W. W. Borst, a brother of the said J. A. Borst, the following reply to a note previously received from him,…
1Opinion of the Court
Lott, Ch. C.
There is no ground for the reversal of the judgment in' this case.
The allegations of the plaintiff, in his complaint, show that he construed and claimed the order of J. A. Borst, on the defendant, to be a bill of exchange. After setting it forth, verbatim, he alleges that it was sold, transferred and delivered to D. L. Noyes for value; and that he, immediately thereafter, presented it to the defendant, who accepted the same in writing, .on condition that said Borst continued in the employment of the defendant, and, it is then averred, that he did so continue till the commencement…
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- Muller v. KlingAppellate Division of the Supreme Court of the State of New York · 1912
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