Legal Opinion

Wheeler v. Ruckman

The Superior Court of New York City

Decided July 3, 1868PublishedCited by 1 opinion

Appeal by defendant from a judgment in favor of the plaintiff. The facts will sufficiently appear in the opinion of the court.

1Opinion of the Court

Robertson, Ch. J.

The counsel for the defendant moved, *354on the trial of the issues of fact in this action, to dismiss the complaint, upon the ground that the former action in this court, mentioned in the answer, was a bar to this action, which the court refused, and an exception was taken by him to such refusal. He also requested the presiding judge to charge the jury that the plaintiff bought this note for prosecution, being a practicing attorney, and therefore could not recover upon it, which the judge refused and the counsel excepted. The presiding judge charged the jury that neither the…

2Cases cited4 opinions

  1. Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
  2. Coit v. BeardNew York Supreme Court · 1861
  3. Seaman v. WardNew York Court of Common Pleas · 1856
  4. AnonNew York Supreme Court · 1833

3Cited by1 opinion

  1. Vaughan v. O'BrienNew York Supreme Court · 1870

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