Pottier & Stymus Manufacturing Co. v. Noel
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by the Pottier & Stymus Manufacturing Company against Auguste Noel. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMoAdam, J.
The answer admitted the cause of action, and pleaded a counter-claim of $803.06 in favor of A. Noel & Son, (a copartnership firm composed of the defendant and his son,) under a transfer alleged to have been made by that firm to the defendant before the commencement of the action. The reply put in issue both the counter-claim and assignment. The referee, although requested by the defendant, refused to find as matter of fact that any assignment had been made as alleged. This is tantamount to an affirmative finding that no transfer was ever made in fact. If this finding is justified by the…
2Cases cited5 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Hopkins v. . LaneNew York Court of Appeals · 1882
- Richardson v. MeadNew York Supreme Court · 1858
- Burtnett v. GwynneNew York Court of Common Pleas · 1855