Snelling v. Howard
The Superior Court of New York City
This action, was upon two promissory notes for $3000 each, dated April 10, 1850, payble eight months after date to the order of H. B. Tebbets, and made by “ J. Howard & Son,”of whom the defendant was survivor. The complaint alleged that the notes were duly indorsed and delivered to the plaintiff.
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This action, was upon two promissory notes for $3000 each, dated April 10, 1850, payble eight months after date to the order of H. B. Tebbets, and made by “ J. Howard & Son,”of whom the defendant was survivor. The complaint alleged that the notes were duly indorsed and delivered to the plaintiff. The answer, first, alleged that the plaintiff was not at the commencement of the action the owner and holder of the notes, but they were owned by one Isaac T. Smith, who was the real party in interest. For a further defense, the answer alleged that the notes were given for coal purchased for the use…
1Opinion of the Court
By the Court, Monell, J.
As I understand the ground upon which the learned justice who tried this action, placed his decision in dismissing the complaint, it was, that the' purchase of coal, which formed the consideration of the notes, was made by J. Howard & Son, for the use of the several steamships of which they were the agents, and was, therefore, the joint debt of themselves and the other owners; and assuming that the clear weight of the evidence established such defense, there was nothing for the jury to determine. Putting his decision upon that ground alone, we must presume that he did…
2Cases cited2 opinions
- Fire Department of New-York v. KipNew York Supreme Court · 1833
- Hyde v. PaigeNew York Supreme Court · 1850
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- Mongrue v. MongrueLouisiana Court of Appeal · 1981
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- John I. Adams & Co. v. MoultonLouisiana Court of Appeal · 1881
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