Barney v. Worthington
New York Court of Appeals
, Appeal from the general term of the Superior Court of the city of Buffalo, where a judgment rendered in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed.
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, Appeal from the general term of the Superior Court of the city of Buffalo, where a judgment rendered in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed. This was an action by Preeland T. Barney, Lucius P. Hubbard and William Durbin against Samuel K. Worthington, upon a draft for $3000, drawn by Burton & Hubbard upon the defendant, which the plaintiffs had discounted, as they alleged, upon the faith of a letter written by the drawee, who received the proceeds, but refused to accept. The complaint contained three counts: two of them upon a promise…
1Opinion of the CourtPorter, J.
The letter of the defendant, though addressed to the partner who happened to be at home, was evidently intended to authorize a draft by the firm. It is to be read in the light of the surrounding circumstances; proof of which was properly admitted, to aid the court in ascertaining the purpose of the paper, and in applying and interpreting, its language. (Hutchins v. Hebbard, 34 N. Y. 24; Agawam Bank v. *132Strever, 18 Id. 509; Blossom v. Griffin, 13 Id. 569; French v. Carhart, 1 Id. 102.)
The defendant was substantially the borrower. Burton & Hubbard were indebted to him on an open and current…
2Cases cited2 opinions
- Hutchins v. . HebbardNew York Court of Appeals · 1865
- Bank of Michigan v. ElyNew York Supreme Court · 1837
3Cited by1 opinion
- People v. MoyerAppellate Division of the Supreme Court of the State of New York · 1919