Serviss v. . McDonnell
New York Court of Appeals
These were cross appeals from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the first Tuesday of May, 1885, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Defendant not having claimed there was any question of fact which should be sent to a jury cannot now insist there was one.
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These were cross appeals from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the first Tuesday of May, 1885, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Defendant not having claimed there was any question of fact which should be sent to a jury cannot now insist there was one. (Ormes v. Dauchy, 82 N.Y. 443,448,449; Provost v. McEncroe, 102 id. 650 ; 4 East. R. 778; Dillon v. Cockroft, 90N. Y. 649, 650.)…
1Opinion of the CourtDanforth, J.
The plaintiff was the owner of two notes, each made by John McDonnell, Perry Kline and Thomas Harvey, who thereby jointly and severally promised to pay to his order, in one case $500, and in the other $2,000, in one year from April 1, 1873, with interest. The makers constituted the firm of McDonnell, Kline & Co., and the notes were given in consideration of money loaned to them in that capacity. One of the makers, John McDonnell, died, and the complaint a,lieges that thereafter and in February, 1878, his widow, Lucy McDonnell, Perry Kline and Thomas Harvey formed a new firm under the same…
2Cases cited1 opinion
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