Best v. Starks
New York Supreme Court
Motion for a new trial upon a case and affidavits, upon the ground of erroneous rulings of the court. Also, that the verdict is against the weight of evidence. Also, on the ground of newly discovered evidence.
1Opinion of the Court
Hogeboom, Justice.
This suit was originally brought by Jacob L. Best to recover against the defendants (who were a firm under the name of Starks & Weatherby) moneys paid by him, for their benefit, upon a note signed by him as their surety to Aaron Huyck. Best having pendente lite assigned the claim to plaintiff, the latter was substituted as the party plaintiff.
Starks defends the suit upon the ground that the money borrowed of Huyck was not borrowed for the firm but for Weatherby, who was a brother-in-law of Best; that it was never appropriated to the use of the firm; that by reason of…
2Cases cited5 opinions
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- United States v. RobertsSupreme Court of the United States · 1850
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