Binswanger v. Hewitt
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of Hew York, borough of the Bronx, second district, entered in favor of the plaintiff after a trial by the court without a jury.
1Opinion of the CourtPage, J.
This action was brought to recover the sum of three hundred dollars paid by the respondent to the appellants on or about February 15, 1907, as consideration for the assignment of a judgment, upon the ground that the appellants warranted at the time of the assignment that the judgment was still wholly unpaid and still wholly unsatisfied, and that the full amount was. still due and owing upon the same, and that the same was a good and valid judgment; but that, in fact, the judgment had been, prior to that time, paid.
The judgment, which was for $619.73, was recovered by the appellants against…
2Cases cited4 opinions
- Houston v. McNeerWest Virginia Supreme Court · 1895
- Furniss v. . FergusonNew York Court of Appeals · 1857
- Scofield v. MooreSupreme Court of Iowa · 1871
- Sanders v. AldrichNew York Supreme Court · 1857
3Cited by3 opinions
- DSK Enterprises, Inc. v. United Jersey BankNew Jersey Superior Court Appellate Division · 1983
- McConkey Realty Corp. v. WildermuthAppellate Division of the Supreme Court of the State of New York · 1925
- Binswhanger v. HewittAppellate Division of the Supreme Court of the State of New York · 1914