Cook v. Whipple
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. This was an action brought by plaintiff as the assignee of William Cressy, a bankrupt, among other things, to recover certain sums of money alleged to be in the hands of defendants and received from the bankrupt, or derived from his property, and to which plaintiff, as such assignee, had become entitled; to recover the value of a large amount of lumber, logs, merchandise and other personal property which formerly…
1Opinion of the CourtGrover, J.
The counsel for the respondents insists that the court had no jurisdiction of the subject-matter of the action, and that for this reason the complaint should be dismissed. Although this question was not raised upon the trial or at the General Term of Supreme Court, and consequently was not passed upon by the General Term, yet, if the ground of the objection is such that it could not have been obviated in the court of original jurisdiction, had it been made there, it may be insisted upon in this court, and, if found valid, the party is entitled to the benefit thereof. (Delafiéld v. The State…
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3Cited by2 opinions
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