Ward v. . Boyce
New York Court of Appeals
Appeal, by permission, from a judgment of the General Term of the Supreme Court in the third judicial department, entered October 3, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the General Term of the Supreme Court in the third judicial department, entered October 3, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. If the proceedings and judgment in Vermont were liad and taken in accordance with the laws of Vermont, they were binding and conclusive upon George P. Boyce, and may be pleaded in abatement to the action here. (Embree v. Hanna, 5 Johns. 101; Williams…
1Opinion of the CourtO’Brien, J.
This appeal involves a very small sum of money, but legal principles of great importance. The action was on a promissory note of §150, made by the defendant, payable to the order of the plaintiff one day after date, which was September 4th, 1893. The defendant, by his answer, put in issue the allegation of the complaint, that the plaintiff was the owner of the note, and set forth certain proceedings in a Justice’s Court in the state of Vermont, commenced by what is called trustee process in that state, against the plaintiff’s husband and the defendant, by one Herrick, claiming to he a…
2Cases cited16 opinions
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