Hatten v. Speyer
New York Supreme Court
THIS xvas a special action on the case. The declaration stated the defendant to be the attorney of the plaintiff; that m consideration oí a certain reward he promised to put out such monies belonging to the plaintiff, as came imo his hands, on bond and mortgage ; but that he failed and neglected soto do, by which means the mo ney was lost, &■’. Non-assumpsit was pleaded, and the cause was tried before Mr. Justice Livingston, at the diet was found for the plaintiff, subject…
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THIS xvas a special action on the case. The declaration stated the defendant to be the attorney of the plaintiff; that m consideration oí a certain reward he promised to put out such monies belonging to the plaintiff, as came imo his hands, on bond and mortgage ; but that he failed and neglected soto do, by which means the mo ney was lost, &■’. Non-assumpsit was pleaded, and the cause was tried before Mr. Justice Livingston, at the diet was found for the plaintiff, subject to the opinion of the court, on the following case: New-York sittings, the 25th of June, 1804, when a ver- defendant was…
1Opinion of the CourtLivingston, J.
now delivered the opinion of the court. On-the trial óf this cause, I thought the demand barred by the proceedings under the bankrupt act. This opinion was expressed at the time, but the parties chose, without toy intó make a case which presents' for decision, a question of some importance, but 'of no great difficulty. Whether ¿person,who has received money prior to his bankruptcy, under a promise to put it out, on bond and mortgage, and which he failed to do’, be liable, notwithstanding" his certificate, in a special action on the case for such neglect. This is stating the question in' its…
2Cases cited1 opinion
- Rossiter v. ChesterMichigan Supreme Court · 1843
3Cited by3 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- White & Williams v. PlattNew York Supreme Court · 1848
- Copper v. PowellNew York Supreme Court · 1808