Legal Opinion

Browning v. . Marvin

New York Court of Appeals

Decided October 6, 1885PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 16, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 16, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The only evidence as to the purchase being that of Domett, that Prentice conducted the negotiations for the purchase and witnessed the written assignments to plaintiff, and that of plaintiff himself, that he was the absolute owner of the claims, and the assignments being to plaintiff and in writing, he is the…

1Opinion of the Court

Ruger, Ch. J.

The complaint counted upon two causes of action, viz.: The first being for the recovery of money alleged to have been overdrawn — by the defendant in excess of his salary, while a clerk in the employ of Domett & Nichols, and the second being upon a note given by the defendant to said Domett for a partnership debt; both causes of action being claimed to have been assigned to the plaintiff. The answer alleged in substance that the claim described in the first count of the complaint had been paid by the defendant, and discharged, by an arrangement made between himself and Domett &…

2Cases cited3 opinions

  1. Wetmore v. . HegemanNew York Court of Appeals · 1882
  2. Arden v. PattersonNew York Court of Chancery · 1821
  3. Baldwin v. LatsonNew York Court of Chancery · 1847

3Cited by18 opinions

  1. Sprung v. JaffeNew York Court of Appeals · 1957
  2. Dennin v. PowersNew York Supreme Court · 1916
  3. Maxon v. CainAppellate Division of the Supreme Court of the State of New York · 1897
  4. Beers v. WashbondAppellate Division of the Supreme Court of the State of New York · 1903
  5. Broder v. BrasselleNew York Supreme Court · 1957

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