Schmitz v. . Langhaar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 10, 1881, which affirmed a judgment in favor of plaintiff, entered upon an order setting aside a verdict for plaintiff and directing a verdict for defendant, it having beén stipulated by counsel that in case the court, on consideration, concluded the direction of a verdict for plaintiff was erroneous, the case might take this course.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 10, 1881, which affirmed a judgment in favor of plaintiff, entered upon an order setting aside a verdict for plaintiff and directing a verdict for defendant, it having beén stipulated by counsel that in case the court, on consideration, concluded the direction of a verdict for plaintiff was erroneous, the case might take this course. (Reported below, 21 Hun, 168.) The nature of the action and the facts are set forth in the opinion. Guaranty of collection…
1Opinion of the CourtDanforth, J.
The action was upon contract to recover for money loaned and the price of goods sold by the plaintiff to the defendant’s- testator. Upon the trial the defendant, under pleadings permitting such evidence, showed hy way of counter-claim that one James B. Taylor in his lifetime became indebted to the plaintiff upon account, and died in 1870, leaving a will, under which executors were appointed; that the plaintiff, on the 19th of January, 1871, executed and delivered to the defendant’s testator an assignment of the account in the following words :
“ James B. Taylor in his life-time purchased…
2Cases cited19 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Gates v. . McKeeNew York Court of Appeals · 1855
- Cumpston v. McNairNew York Supreme Court · 1828
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Nichols v. ChapmanNew York Supreme Court · 1832
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3Cited by15 opinions
- Bennett v. . DraperNew York Court of Appeals · 1893
- Cushman v. De MallieAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of MinerNew York Surrogate's Court · 1903
- Bennett v. DraperNew York Supreme Court · 1891
- In re the Estate of CaseyNew York Surrogate's Court · 1965
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