Wilson v. Doran
New York Supreme Court
Appeal from a judgment in tbe defendants’ favor for costs, entered upon a verdict rendered in the Monroe County Court, and from an order denying the plaintiff’s motion for a new trial founded upon the minutes.
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Appeal from a judgment in tbe defendants’ favor for costs, entered upon a verdict rendered in the Monroe County Court, and from an order denying the plaintiff’s motion for a new trial founded upon the minutes. The defendants were copartners and brokers, and as such had a transaction with George W. Wilson, upon whiclÜ the defendants became indebted to him in the sum of $600. The plaintiff in her complaint set out her title to the cause of action, derived as follows : An assignment by Wilson to Davis & Co., and from them to herself. The answer contained a general denial, and also averred that…
1Opinion of the Court
BRADLEY, J. :
I cannot assent to the reasons given by the opinion of brother BarKer for the conclusion by him reached. The answer puts in issue for the purposes of the trial the matters alleged in the complaint in respect to the plaintiff’s title to the claim in suit, and if the evidence required the conclusion that the plaintiff had no title the verdict was properly directed for the defendants. The defendants allege a tender before the action was commenced of $189.32. If that was made and the money brought into court the plaintiff was entitled to it notwithstanding the verdict. But that fact…
2Cases cited13 opinions
- Becker v. . BoonNew York Court of Appeals · 1874
- Spalding v. VandercookNew York Supreme Court · 1829
- People v. HumphreyNew York Supreme Court · 1810
- Caldwell v. CassidyNew York Supreme Court · 1828
- Brown v. FergusonNew York Supreme Court · 1846
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