Harding v. Barney
The Superior Court of New York City
Appeal, by the defendant, from a judgment for the plaintiff, on the verdict of a jury ; and also, an appeal from an order at special term, denying a motion for a new trial. The action was tried on the 20th day of October, 1859, before Mr. Justice Slosson and a jury.
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Appeal, by the defendant, from a judgment for the plaintiff, on the verdict of a jury ; and also, an appeal from an order at special term, denying a motion for a new trial. The action was tried on the 20th day of October, 1859, before Mr. Justice Slosson and a jury. It was brought against the defendant, as president of a joint stock company or association, doing business under the name of Wells, Fargo & Co., at New York, Boston, San Francisco and other places, as carriers of goods, money, gold dust and other property, and selling drafts or bills . of exchange, drawn upon themselves, payable…
1Opinion of the CourtBy the Court. Woodruff, J.
—It is quite apparent that the question whether or not there was in the defendants’ books kept at their office in San Francisco, an entry of the sale of a draft to John Harding, on the 18th of March, 1856, for $3,300, was of the utmost importance. The proofs, irrespective of this question, made it in no slight degree doubtful whether the transaction to which the plaintiff had testified, did not take place at some other office in San Francisco. But if, upon the defendants’ books there was entered in due course of business, such a draft, that fact was conclusive in favor of the plaintiff, not…
2Cases cited2 opinions
- Manwell v. BriggsSupreme Court of Vermont · 1845
- Gilchrist v. RogersSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Elwell v. FabreNew York Court of Common Pleas · 1891