Kipp v. Rapp
City of New York Municipal Court
Action to recover on an undertaking on appeal to the court of appeals. The trial of this action was commenced before chief justice MoAdam and a jury. After the evidence was all in, there being no disputed questions of fact, the jury was discharged and the case submitted to the court upon the questions of law involved. The facts are sufficiently stated in the opinion.
1Opinion of the CourtMcAdam, C. J.
The plaintiff commenced an action in this court against one David W. McLean, May 12, 1880. After two trials the plaintiff obtained a judgment in October, 1881, which was affirmed by the general term of this court in March, 1882; by the common pleas in June, 1882, and by the court of appeals in January, 1885. The- right of action was transferred to Peter Smith Parker by assignment, dated December 3, 1881, but the action was continued in the name of the original plaintiff until its conclusion in January, 1885. The costs of affirmance in the court of appeals amount to $127.14, and judgment was…
2Cases cited5 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Martin v. HawksNew York Supreme Court · 1818
- Wilkins v. BattermanNew York Supreme Court · 1848
- Eberhardt v. SchusterNew York Supreme Court · 1879
- Shackleton v. HartNew York Supreme Court · 1860