Townsend v. Graves
New York Court of Chancery
This was an appeal from a decision of the late equity court for the eighth circuit, dismissing the complainants’ bill without costs. The defendant Bostwick was an agent' of the managers of the literature lottery, and kept an office at Batavia ; and the defendant Graves was either the agent or partner of Bostwick in the sale of lottery tickets at that place.
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This was an appeal from a decision of the late equity court for the eighth circuit, dismissing the complainants’ bill without costs. The defendant Bostwick was an agent' of the managers of the literature lottery, and kept an office at Batavia ; and the defendant Graves was either the agent or partner of Bostwick in the sale of lottery tickets at that place. The complainants, who constituted a company of 22 persons, contracted for the purchase of a package of 20 half tickets in class number two of the lottery of 1824. A certificate, containing the numbers of the tickets composing the package,…
1Opinion of the Court
The Chancellor.
Upon the taking of testimony before the circuit judge in the court below, the complainants introduced R. S. Smith as a witness to show that the defendant Graves, about a year previous to the time when the controversy in this case arose, had been guilty of altering his account book for the purpose of defrauding a masonic lodge at Auburn. The judge received the testimony de bene esse, reserving the question as to its competency until the final hearing of the cause. It does not appear to have been expunged ; and it now comes up as a part of the testimony read upon the final…
2Cases cited1 opinion
- Farrington v. SinclairNew York Supreme Court · 1818
3Cited by12 opinions
- Patterson v. GainesSupreme Court of the United States · 1848
- Kennedy v. UpshawTexas Supreme Court · 1886
- Fahey v. CrottyMichigan Supreme Court · 1886
- Carlisle v. CooperSupreme Court of New Jersey · 1870
- Clark v. First Congregational SocietySupreme Court of New Hampshire · 1864
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