Hemmingway v. . Poucher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed a judgment in favor y' of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The pretended assignment to Brooks, never having been delivered, never took effect.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed a judgment in favor y' of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The pretended assignment to Brooks, never having been delivered, never took effect. (Fonda v. Sage, 46 Barb. 109; Stevens v. B. & N. Y. C. R. R. Co., 20 id. 332; Rathbun v. Rathbun, 6 id. 98; Foster v. Beardsley, 47 id. 505 ; Carnes v. Platt, 6 Rob. 270 ; Foster v.…
1Opinion of the Court
Ruger, Ch. J.
This action was brought upon an undertaking given upon appeal to the General Term, from a judgment recovered July 5, 1872, upon a trial at Circuit, in favor of Joseph C. Cushing and John F. Landers, plaintiffs, against Larry Lewis, defendant, and was executed by Larry Lewis as principal, and Jacob S. Poucher and Duncan McRae as sureties. The undertaking was given in pursuance of the following provision of section 348 of the Code of Procedure relating to appeals in the Supreme Court: “ Such an appeal, however, does not stay proceedings unless security be given as upon an appeal to…
2Cases cited5 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Pratt v. . FooteNew York Court of Appeals · 1854
- Manning v. . GouldNew York Court of Appeals · 1882
- Wilson v. AllenNew York Supreme Court · 1849
- Hill v. . BurkeNew York Court of Appeals · 1875
3Cited by15 opinions
- Rogers v. New York & Texas Land Co.New York Court of Appeals · 1892
- Moores v. . TownshendNew York Court of Appeals · 1886
- Wing v. . RogersNew York Court of Appeals · 1893
- Coppola v. KraushaarAppellate Division of the Supreme Court of the State of New York · 1905
- Gein v. LittleNew York Supreme Court · 1904
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