Legal Opinion

West v. Kurtz

New York Court of Common Pleas

Decided December 3, 1888PublishedCited by 2 opinions

Appeal from trial term; Daly, Judge. Action by Albert F. West against AVilliam Kurtz on bond assigned to plaintiff. Plaintiff appealed from a judgment for defendant, which was affirmed by the general term, but a reargument was ordered. For opinion on motion for reargument, see 2 H. Y. Supp. 110.

1Opinion of the CourtBookstaver, J.

This action was brought to recover the balance due on a bond given by the defendant to Henry Kurtz, and by him assigned to Zimri West, who subsequently assigned to the plaintiff, his son; the latter claiming it was so assigned as collateral security for moneys loaned. The defendant interposed three defenses: First, payment; secondly, that the plaintiff, being an attorney, took the bond for the purpose of bringing an action thereon; and, thirdly, usury. Only the second and third defenses were litigated on the trial. The jury were instructed by the court to answer two questions: (1) Did the…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Moses v. . McDivittNew York Court of Appeals · 1882
  2. Hall v. BartlettNew York Supreme Court · 1850
  3. Bristol v. DannNew York Supreme Court · 1834

3Cited by2 opinions

  1. Drake v. NORTHWEST NATURAL GAS COMPANYCourt of Chancery of Delaware · 1960
  2. Drake v. Northwest Natural Gas Co.Court of Chancery of Delaware · 1960

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