Boyce v. Walker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Warren D. Walker and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 19th day of December, 1907, upon a decision of the court rendered after a trial at the Franklin Trial Term before the court' without a jury. This is an action to foreclose a bond and mortgage on real estate executed by the defendants to the plaintiff August 4, 1902.
1Opinion of the Court
Cochrane, J. :
In the years 1900, 1901 and 1902 the defendant Mary E. Walker was engaged in a lumbering business and sold lumber to the plaintiff. The plaintiff from time to time advanced her money exceeding, as he claims, what was due her for lumber. The defendant Warren D. Walker is the husband of Mary E. Walker and was her agent in,respect to the transactions between her and the plaintiff.
The places of business of the parties were some miles separated. At the close of their dealings in 1900, plaintiff rendered to the defendants a statement of the amount of lumber in the aggregate which he…
2Cases cited4 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Spellman v. . MuehlfeldNew York Court of Appeals · 1901
- Samson v. . FreedmanNew York Court of Appeals · 1886
- Sedgwick v. MacyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- In re the Estate of WingNew York Surrogate's Court · 1937
- American Lace Manufacturing Co. v. LevyAppellate Terms of the Supreme Court of New York · 1915