Bell v. Quin
The Superior Court of New York City
■ Assumpsit, on a promissory note for $1178 24, made by the defendant, dated August 17th, 1842, payable on demand to the order of Williams & Ferguson, and by them indorsed in blank. The cause was tried June 15th, 1848. The note and indorsement were proved, upon which the plaintiff rested.
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■ Assumpsit, on a promissory note for $1178 24, made by the defendant, dated August 17th, 1842, payable on demand to the order of Williams & Ferguson, and by them indorsed in blank. The cause was tried June 15th, 1848. The note and indorsement were proved, upon which the plaintiff rested. The defendant then called as a witness, George Ferguson, Jr., who testified that he was one of the firm of Williams & Ferguson, in 1842. The note was given for their share of the profits on a contract made by the defendant with the Commissioners of the Alms House of the city of New York, for the delivery of…
1Opinion of the CourtBy the Court. Sandford, J.
The plaintiffs stand in the place of Williams & Ferguson, and cannot recover, unless the latter could have maintained a suit upon this note at the time they executed the assignment.
The amended charter of the city of New York provides that “ no member of either board,” (of the common council,) “ shall, during the period for which he was elected, be directly or indirectly interested in any contract, the expenses or consideration whereof are to be paid under any ordinance of the common council.” (Laws of 1830, ch. 122, § 11.)
In direct contravention of this statute, and of his duty as a member of…
2Cases cited1 opinion
- Armstrong v. TolerSupreme Court of the United States · 1826
3Cited by10 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Mandlebaum v. GregovichNevada Supreme Court · 1882
- Best v. BauderNew York Supreme Court · 1865
- Heeney v. SpragueSupreme Court of Rhode Island · 1877
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