Tilden v. Aitkin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nellie L. Aitkin, as administratrix with the will annexed of J. Scott Aitkin, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 17th day of May, 1898, upon the verdict of a jury rendered by direction of the court, and -also from an order bearing date the 3d day of May, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial…
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Appeal by the defendant, Nellie L. Aitkin, as administratrix with the will annexed of J. Scott Aitkin, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 17th day of May, 1898, upon the verdict of a jury rendered by direction of the court, and -also from an order bearing date the 3d day of May, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover $3,000 and interest, loaned by one Mary J. L. Storm to…
1Opinion of the Court
Putnam, J.:
The first question to consider, is, whether or not the trial judge erred in denying defendant’s motion to dismiss the complaint. The only ground on which he could have granted such a motion, if any, *30was that the plaintiff, an attorney, unlawfully purchased the claim in suit with a view of commencing an action thereon. On all the other questions in the case there was sufficient evidence to sustain a verdict in favor of the plaintiff.
There was no conflict in the evidence in regard to the purchase of the demand in suit by the plaintiff. He made such purchase at the request of Mrs.…
2Cases cited10 opinions
- Moses v. . McDivittNew York Court of Appeals · 1882
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Hall v. BartlettNew York Supreme Court · 1850
- Hunt v. FishNew York Supreme Court · 1848
- Brotherson v. ConsalusNew York Supreme Court · 1863
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3Cited by4 opinions
- Kinner v. WhippleAppellate Division of the Supreme Court of the State of New York · 1908
- Watertown Business Men's Ass'n v. GreenNew York Supreme Court · 1923
- Haas v. ZimmermannNew York Supreme Court · 1902
- Hudson v. SheafeSouth Dakota Supreme Court · 1919