Whittemore v. Judd Linseed & Sperm Oil Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made June 2, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made June 2, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to restrain the collection of a judgment recovered against Henry W. Hubbell by the Judd Linseed and Sperm Oil Company, and to have it adjudged that such judgment, so far as it was a claim or demand against Hubbell, was satisfied and discharged. Hubbell died pending the litigation, and the action was continued by his…
1Opinion of the CourtBrown, J.
The appellant claims that Hubbell’s discharge from the judgment was accomplished in two ways.
First. By the release executed by the defendant lord and delivered to him on August 8,1874.
Second. By the release of Taylor by the oil company by the instrument of January 5,. 1874.
The first ground is the one upon which relief was based in the complaint. The second is not there mentioned or made the basis of the judgment asked for.
While 1 have grave doubt whether the second claim is available to the appellant under his complaint or whether the question was raised at the trial by any proper and…
2Cases cited5 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Hood v. . HaywardNew York Court of Appeals · 1891
- Yates v. DonaldsonCourt of Appeals of Maryland · 1853
- Lysaght v. PhillipsThe Superior Court of New York City · 1855
3Cited by18 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- United States v. SillimanCourt of Appeals for the Third Circuit · 1948
- Summers v. FreishtatCourt of Appeals of Maryland · 1975
- Fireman's Ins. v. Oregon RailroadOregon Supreme Court · 1904
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