Kemeys v. Richards
New York Supreme Court
This was an appeal, by the plaintiffs, from a judgment rendered in favor of the defendants, Charles J. Richards, James A. Fleury and Henry B. Richards, on the report of a referee.
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This was an appeal, by the plaintiffs, from a judgment rendered in favor of the defendants, Charles J. Richards, James A. Fleury and Henry B. Richards, on the report of a referee. The action wus commenced by the plaintiffs, William Kemeys and George G. Sampson, against the defendants above named, and Robert P. Lee, jun. as makers and indorsers of a promissory note, made by Richards (Charles J.) &, Fleury, payable to their own order, for $1093,70, six months after date, for value received, and indorsed by Richards & Fleury to Lee & Richards ; and which was indorsed by Lee & Richards, (Henry…
1Opinion of the Court
By the Court,
Mitchell, J.
The action is on a note, dated 27th May, 1848, at six months, for $1098,70, drawn by Bicharás & Fleury to their own order, and indorsed'by them, and by *314the firm of Lee & Richards, consisting of Robert P. Lee, jr. and Henry B. Richards. The answer of H. B. Richards alledges that the note was indorsed by Lee, and by him delivered to the plaintiffs, in payment of his private debt, and without the knowledge or consent of Richards; and that the plaintiffs had full knowledge of these facts. The plaintiffs, in their reply, deny none of these allegations, except the one that…
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