Miller v. Ferry
New York Supreme Court
Appeal from special term, Sew York county. Action by John S. Miller and others against Charles H. Ferry, on a contract assigned to plaintiffs. Judgment for plaintiffs, and defendant appeals. For former appeal from order as to plaintiffs’ undertaking in attachment, see 2 hi. Y. Supp. 863.
1Opinion of the CourtBarrett, J.
The main question presented by this appeal arises upon the defendant’s counter-claim. The plaintiffs are the assignees of one Miltimore *473with respect to a certain agreement whereby the defendant covenanted, upon a contingency which has happened, to give Miltimore certain shares of stock. The plaintiffs, as such assignees, established their right to recover the value of these shares. Thereupon the defendant attempted to set off ademand which he claimed to have against Miltimore at the date of the latter’s assignment to the plaintiffs. The evidence offered by the defendant in support of this…
2Cases cited5 opinions
- Campbell v. . HallNew York Court of Appeals · 1858
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Denman v. . McGuireNew York Court of Appeals · 1886
- Lawrence v. . CampbellNew York Court of Appeals · 1865
3Cited by1 opinion
- Muller v. FerryNew York Supreme Court · 1889