M'Lean v. Walker
New York Supreme Court
IN ERROR, from the court of common pleas of Washington 1 _ ° county. Walker brought an action of trover, in the court below, J ’ against M'Lean and Ferine, for a promissory note, dated 2d of ®cptember, 1808, made by Asa and Truman Wilber, by which they promised to deliver to the plaintiff 200 bushels of merchantable wheat, at Utica, on the 20th of February, 1811, of the value of 200 dollars. Plea not guilty, with notice of special matter to be given in evidence at the trial.
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IN ERROR, from the court of common pleas of Washington 1 _ ° county. Walker brought an action of trover, in the court below, J ’ against M'Lean and Ferine, for a promissory note, dated 2d of ®cptember, 1808, made by Asa and Truman Wilber, by which they promised to deliver to the plaintiff 200 bushels of merchantable wheat, at Utica, on the 20th of February, 1811, of the value of 200 dollars. Plea not guilty, with notice of special matter to be given in evidence at the trial. The plaintiff gave in evidence articles of agreement, dated 4th of February, 1809, between the plaintiff and…
1Per curiam
The note was deposited as a pledge. This is the evident construction of the agreement. It was delivered to the party with a power of redemption, and as a security for a debt which, on the day of payment of the note, would amount to 200 dollars. The defendants below were, at all events, to be secured in the receipt of the 200 dollars on that day. Here was no sale of the note. The property in it was not intended to pass, until after the default. It was merely deposited with the party, and the legal property did not pass, as it does in the case of a mortgage. All that was said in Cortelyou v.…
2Cited by10 opinions
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- Castner v. Austin Sumner & Co.Supreme Court of Minnesota · 1858
- McLaughlin v. ShepherdSupreme Judicial Court of Maine · 1850
- Morse v. WoodsSuperior Court of New Hampshire · 1830
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