Rand v. Iowa Central Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 2, 1904, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term directing that a verdict in favor of plaintiff he set aside and that the complaint be dismissed. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 2, 1904, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term directing that a verdict in favor of plaintiff he set aside and that the complaint be dismissed. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff by his adjudication in bankruptcy was not divested of title to the claim herein sued upon because no trustee was appointed in the proceeding in whom title vested by virtue of…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff in this action recovered a verdict of $2,840.00 for services alleged to have been rendered to the defendant corporation, notwithstanding the verdict the court at Trial Term, by consent of .counsel, entertained and finally granted a motion to dismiss the complaint. The judgment thereupon rendered has been affirmed by the Appellate Division upon the ground that the plaintiff had been divested of all title to the claim in suit by reason of the fact that he was adjudicated a bankrupt after the cause of action had accrued in his favor and before the beginning of this suit. The…
2Cases cited3 opinions
- Fuller v. New York Fire InsuranceMassachusetts Supreme Judicial Court · 1903
- Rand v. SageSupreme Court of Minnesota · 1905
- Fuller v. . JamesonNew York Court of Appeals · 1906
3Cited by21 opinions
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Johnson v. CollierSupreme Court of the United States · 1912
- Danciger & Emerich Oil Co. v. SmithSupreme Court of the United States · 1928
- Miller v. BartoIllinois Supreme Court · 1910
- Cornell v. Albuquerque Chemical Co., Inc.New Mexico Court of Appeals · 1978
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