Stamp v. . Franklin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which denied a motion for a new trial and ordered judgment in favor of plaintiff upon verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which denied a motion for a new trial and ordered judgment in favor of plaintiff upon verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. It was an error on the part of the court to allow the plaintiff to amend his complaint, upon the trial, by “ striking out the allegations of the assignment from the husband to the wife, and from the wife to the husband,” of the account in suit. (Code…
1Opinion of the Court
Ahdkbws, Oh. J.
The action was brought to reco'ver for board furnished defendant’s testatrix from FTovember 5,1884, to January 10, 1889, and on the conclusion of the evidence the trial judge directed a verdict for the plaintiff for the sum of $1,145.25, the value of the board at the rate of seventy-five cents a day. The complaint alleged that the plaintiff furnished the board at the request of the testatrix, and that thereafter he assigned the demand therefor to his wife, who re-assigned the same to the plaintiff. The answer contained a general denial of the complaint and also set up a former…
2Cases cited2 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Savage v. Corn Exchange Fire & Inland InsuranceNew York Court of Appeals · 1867
3Cited by28 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Duffee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Hickman v. Southwest Dairy Suppliers, Inc.Nebraska Supreme Court · 1975
- Massi v. Alben Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
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