Wheeler v. . Ruckman
New York Court of Appeals
Appeal by defendant, Ruckman, from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 35 How. Pr., 350; 5 Robt., 702.) This action was upon a promissory note, dated January 8, 1852, made by defendants, Ruckman and Lake, payable to one Russell, and indorsed and transferred by Russell to the plaintiff.
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Appeal by defendant, Ruckman, from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 35 How. Pr., 350; 5 Robt., 702.) This action was upon a promissory note, dated January 8, 1852, made by defendants, Ruckman and Lake, payable to one Russell, and indorsed and transferred by Russell to the plaintiff. The facts bearing upon the question discussed appear in the opinion. The judgment in the first action in the Superior Court is a bar to this action. (Dwight v. St. John, 25 N. Y., 203;…
1Opinion of the Court
Earl, C.
Before the commencement of this action the plaintiff commenced an action i'n the Superior Court of the city of New York against these same defendants upon this note, and the defendant, Ruckman, appeared and answered. The action was brought to trial before a judge and jury. After evidence had been given upon both sides, the judge, upon motion of defendant’s counsel, dismissed the complaint, refusing to submit any question of fact to the jury, and judgment was entered in favor of the defendant for costs. Afterward this action was commenced, and defendant, Ruckman, set up in his answer…
2Cases cited5 opinions
- Jansen v. Acker & RichNew York Supreme Court · 1840
- Coit v. BeardNew York Supreme Court · 1861
- The United States v. The Widow, Heirs, and Executors, of William E. P. Hartnell, DeceasedSupreme Court of the United States · 1860
- Harrison v. WoodThe Superior Court of New York City · 1853
- Mechanics' Banking Ass'n v. Mariposa Co.The Superior Court of New York City · 1867
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- Deeley v. . HeintzNew York Court of Appeals · 1901
- Hollenbeck v. Ætna Casualty & Surety Co. of Hartford, ConnecticutAppellate Division of the Supreme Court of the State of New York · 1926
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
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