Tremper v. . Conklin
New York Court of Appeals
Appeal from a judgment entered upon the order of the General Term of the Supreme Court, in the second district, affirming a judgment for the plaintiff rendered upon trial before Justice Lott, without a jury. The action was brought to recover of a surviving partner the sum of $300 and interest alleged to have been loaned to the firm, on an application made therefor by a member of the firm since deceased. The facts sufficiently appear in the opinions delivered.
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Appeal from a judgment entered upon the order of the General Term of the Supreme Court, in the second district, affirming a judgment for the plaintiff rendered upon trial before Justice Lott, without a jury. The action was brought to recover of a surviving partner the sum of $300 and interest alleged to have been loaned to the firm, on an application made therefor by a member of the firm since deceased. The facts sufficiently appear in the opinions delivered. The case below is reported 44 Barb., 456. insisted that the evidence did not sustain the finding of a loan to the firm, and cited…
1Opinion of the Court
The plaintiff sued the defendant as the surviving member of the firm of E.E. Conklin Co., composed of him and James L. Conklin, to recover the sum of $300 loaned to the said firm in September, 1861. The cause was tried at a circuit court in Brooklyn, before the judge, without a jury, and he decided the cause in favor of the plaintiff, and ordered judgment in his favor for the $300 and interest. The defendant appealed from the judgment entered upon this decision to the General Term in the second district, and the judgment was there affirmed, and he then appealed to this court.
The appellant…
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