Moss v. McCullough
New York Supreme Court
This action was commenced by the plaintiff in 1841, against the defendant, as one of the stockholders of the Rossie Lead Mining Company, under the 9 th section of the act of May 12, 1837, incorporating said company, (Laws of 1837, p. 441,) to recover the amount of a promissory'note alledged to have been made by the said company on the 9th of October, 1839, payable to the order of Moss & Knapp, one year after the date thereof, for the sum of $4050 ; and which note was duly…
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This action was commenced by the plaintiff in 1841, against the defendant, as one of the stockholders of the Rossie Lead Mining Company, under the 9 th section of the act of May 12, 1837, incorporating said company, (Laws of 1837, p. 441,) to recover the amount of a promissory'note alledged to have been made by the said company on the 9th of October, 1839, payable to the order of Moss & Knapp, one year after the date thereof, for the sum of $4050 ; and which note was duly endorsed and transferred to the plaintiff, The declaration was in debt, reciting the statute incorporating the company;…
1Opinion of the Court
By the Court, Willard, J.
If the questions arising on the last trial, were substantially the same which arose on the trial in 1843, and which were passed upon by the court for the correction of errors, and if the decision of the learned judge, in non-suiting the plaintiff, was the legitimate consequence of the judgment pronounced by the court of dernier resort, it would be most becoming in us to deny the motion for a new trial, and to leave the aggrieved party to his remedy in the court of appeals. But if, on the contrary, it shall turn out on examination, either that the learned judge in…
2Cases cited6 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Allen v. SewallNew York Supreme Court · 1829
- Harger v. McCulloughNew York Supreme Court · 1846
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Miller v. . WhiteNew York Court of Appeals · 1872
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Moss v. . AverellNew York Court of Appeals · 1853
- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
- Strong v. WheatonNew York Supreme Court · 1861
17 more not listed; retrieve them via the Exa API.