Legal Opinion

Hotchkiss v. . Mosher

New York Court of Appeals

Decided May 5, 1872PublishedCited by 13 opinions

Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of the plaintiff entered on the report of a referee.

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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of the plaintiff entered on the report of a referee. The action is to recover for the conversion of five promissory notes, amounting to about $800. The referee found that on the 5th of September, 1857, the defendant held eleven promissory notes, amounting together to $2,324.64, the collection of which was guaranteed by the plaintiff and discounted by the defendants, the said five notes mentioned in the complaint being a part thereof; that the plaintiff was a depositor…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It appears from the evidence that there was an agreement on the 5th of September, 1857, to take up certain notes held by the defendants, the collection of which had been guaranteed by the plaintiff. The interest was computed, and the amount due on that day ascertained and settled by the parties. On the same day the amount due by the defendants to the plaintiff for deposits was also stated, and the plaintiff then procured and paid to the defendants the sum…

2Cited by13 opinions

  1. State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
  2. Pardee v. . FishNew York Court of Appeals · 1875
  3. State v. JacksonSupreme Court of Missouri · 1909
  4. Washington County v. StephensIdaho Supreme Court · 1928
  5. Pomeroy National Bank v. Huntington National BankWest Virginia Supreme Court · 1913

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