Therasson v. McSpedon
New York Court of Common Pleas
Appeal from a judgment entered on the report of a referee. The plaintiff sued as assignee of certificates of stock in the “Greenwich and California Mining and Trading Company,” an nnincorporated association. His complaint averred that the assets of the company had been sold, and the proceeds delivered to defendant, as treasurer of the company, and that defendant had promised to pay over the fund to the shareholders at the rate of $189.96 per share.
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Appeal from a judgment entered on the report of a referee. The plaintiff sued as assignee of certificates of stock in the “Greenwich and California Mining and Trading Company,” an nnincorporated association. His complaint averred that the assets of the company had been sold, and the proceeds delivered to defendant, as treasurer of the company, and that defendant had promised to pay over the fund to the shareholders at the rate of $189.96 per share. It also averred the transfer of certain shares to the plaintiff. The defendant’s answer, among other things, denied, on information and belief,…
1Opinion of the Court
By the Court, Daly, First Judge.
The endorsement and transfer of the certificate with the consent of the company, was averred in the complaint, and not denied by the answer. A denial upon information and belief, is no traverse. The defendant must aver that he has no information or knowledge sufficient to form a belief. The fact was therefore admitted, and the motion for a non-suit was properly denied.
The promise of McSpedon was, not to pay the debt of another, but a promise to the association to pay his own debt incurred by the purchase of the property of the association. This, promise enured…
2Cases cited1 opinion
- Barker v. BucklinNew York Supreme Court · 1846
3Cited by4 opinions
- Joseph Schlitz Brewing Co. v. EsterNew York Supreme Court · 1895
- Sands v. MaclayMontana Supreme Court · 1874
- Clark v. DillonNew York Court of Common Pleas · 1882
- Powers v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1874