Cole v. Roby
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by George W. Cole against Sidney B. Boby to recover for legal services rendered by plaintiff and his partner to defendant. There was a judgment on a verdict for plaintiff, and an order was entered denying a motion for a new trial, and defendant appeals. For former report, see 7 N. Y. Supp. 952.
1Opinion of the CourtCorlett, J.
In 1886, the respondent employed Ansley & Davis, a firm of lawyers at Salamanca, to collect a claim against Frank J. Grief for the alleged amount of $1,200, The demand was evidenced by an instrument in writing, purporting on its face to be an absolute transfer of buggies, etc., for the consideration of $945. It was claimed by the plaintiff in that action that the instrument was a chattel mortgage, while the defendant contended that it was an absolute sale of the goods for the price stated. Ansley & Davis treated it as a mortgage, and caused the articles to be sold at public auction. The sale…
2Cases cited7 opinions
- Tenney v. . BergerNew York Court of Appeals · 1883
- Mygatt v. . WilcoxNew York Court of Appeals · 1871
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
- Langdon v. Town of CastletonSupreme Court of Vermont · 1858
- Davis v. SmithSupreme Court of Vermont · 1875
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3Cited by1 opinion
- Cole v. RobyNew York Supreme Court · 1891