Fox v. Drake

New York Supreme Court

Fox v. Drake

8 Cow. 191

DecidedFebruary 15, 1828

StatusPublished

This text of 8 Cow. 191 (Fox v. Drake) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox v. Drake, 8 Cow. 191 (N.Y. Super. Ct. 1828).

Pincite

Opinion

Curia, per Savage, Ch„ J.

This is a case in which the defendants are not personally liable, unless it was clearly their intention to assume personal responsibility, which does not appear. The question was fairly passed upon, whether they had expended all the moneys in their hands; and the judge was right in saying the defendants had a discretion as to paying out the. money, and that they did not become liable by reason of paying contracts entered into subsequent to the plaintiff’s contract. The motion for a new trial must be denied.

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Curia, per Savage, Ch„ J.

This is a case in which the defendants are not personally liable, unless it was clearly their intention to assume personal responsibility, which does not appear. The question was fairly passed upon, whether they had expended all the moneys in their hands; and the judge was right in saying the defendants had a discretion as to paying out the. money, and that they did not become liable by reason of paying contracts entered into subsequent to the plaintiff’s contract. The motion for a new trial must be denied.

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Bluebook (online)

8 Cow. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-drake-nysupct-1828.