Hendrickson v. Beers

Decided June 16, 1860

The Superior Court of New York City · decided 1860-06-16

Appeal by the defendant from a judgment entered upon the report of A. Underhill, Esq., as Eeferee. The action was brought, December 26, 1857, by the plaintiff, as assignee of E. 0. Suydam, to recover $1,666, for moneys lost by Suydam at play at the game of faro, and won by the defendant, between the 19th of September and 51st of October, 1857. The complaint states that Suydam so lost, in all $1,736.

Decided 1860-06-16

By the Court—Hoffman, J.

¶1There is no ground to differ from the conclusions of fact found by the Referee.

¶2The receipt in full of all demands, which the defendant made an unsuccessful attempt to explain, is not merely not conclusive against the plaintiff, but tends to support the assignor’s account of the transaction. The assignment to the present plaintiff was plainly sufficient and valid.

¶3The Referee’s conclusion of law, that the money could be recovered, is correct. (Storey v. Brennan, 15 N. Y. R., 524.)

¶4Judgment affirmed, with costs.