President of the Fulton Bank v. President of the Phœnix Bank
The Superior Court of New York City
Assumpsit, brought by the plaintiffs to recover the amount of a post-note for fifty dollars, made by the defendants, and hearing date on the 23d of December, 1826, payable sixty days after date, to Jasper Grosvenor, or order, on demand.
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Assumpsit, brought by the plaintiffs to recover the amount of a post-note for fifty dollars, made by the defendants, and hearing date on the 23d of December, 1826, payable sixty days after date, to Jasper Grosvenor, or order, on demand. The defendants upon the record, had themselves no objections to make against the payment of the note to the plaintiffs, and the defence was, in fact, interposed by S. & M. Allen, lottery dealers, who claimed to be the real owners of the note, and that it had been stolen from them under the following circumstances : S. & M. Allen, for the purposes of their…
1Opinion of the CourtHoffman, J.
(After stating the facts of the case.) It is not denied, on the part of the plaintiffs, that the note upon which this action was brought, was feloniously taken from the public mail at or near Charleston, in South Carolina, on or about the *57122d of February, 1827, after it had been deposited therein, for the purpose of being remitted to New-York. It is equally clear and undisputed, that S. & M. Allen, the persons to whom the note was remitted, were its true owners, and they, in the name of the Phoenix bank, interpose this defence for the purpose of protecting their own rights. The defendants upon…
2Cases cited1 opinion
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
3Cited by9 opinions
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Brush v. ScribnerSupreme Court of Connecticut · 1836
- Manufacturers' National Bank of Racine v. NewellWisconsin Supreme Court · 1888
- Catlin v. HansenThe Superior Court of New York City · 1852
- Clarke National Bank v. Bank of AlbionNew York Supreme Court · 1868
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