Furniss v. . Ferguson
New York Court of Appeals
This action was brought in the Superior Court of the city of ¡New York. The complaint stated that in August, 1852, the defendants, by a contract in writing, in consideration of $2,586 paid to them by the plaintiff, assigned to him a judgment recovered by Archibald Brown against Justus Wyman, in the State of Alabama, March 5th, 1838, for $6,574.70 damages, with costs, and which had been transferred to the defendants.
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This action was brought in the Superior Court of the city of ¡New York. The complaint stated that in August, 1852, the defendants, by a contract in writing, in consideration of $2,586 paid to them by the plaintiff, assigned to him a judgment recovered by Archibald Brown against Justus Wyman, in the State of Alabama, March 5th, 1838, for $6,574.70 damages, with costs, and which had been transferred to the defendants. The complaint set forth the terms of the assignment to the plaintiff, and alleged that Wyman paid to Brown about $1,000 on the judgment before it was assigned by the defendants to…
1Opinion of the CourtSmith, J.
The defendants’ counsel is mistaken in supposing that the judgment pronounced by this court, in the present case, on the plaintiff’s appeal from the judgment of nonsuit in the court below, settled nothing, except that the judgment appealed from was erroneous. It established, as the law of the case, not only the result expressed in the formal judgment, but also every legal proposition which was essential to sustain the judgment, and which was assented to by a majority of the court. The evidence of the grounds on which the court placed their judgment is found in the opinion delivered by Judge…
2Cases cited1 opinion
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
3Cited by2 opinions
- Eaton v. KnowlesMichigan Supreme Court · 1886
- Bennett v. BuchanNew York Supreme Court · 1868