Dumois v. Hill
Appellate Division of the Supreme Court of the State of New York
. Appeal oy the plaintiffs, Hipólito Dumois and others, from a final judgment of the Court of Common 'Pleas for the'city and county of Hew York in favor of the defendants, entered in the office of the clerk of said court on the 21st day of December, 1895, • dismissing the complaint, and also from an interlocutory judgment entered in said clerk’s office on the 25th day. of Hovember, 1895, upon the decision of the court rendered after a trial at a Special Term of' said court…
Read the full summary
. Appeal oy the plaintiffs, Hipólito Dumois and others, from a final judgment of the Court of Common 'Pleas for the'city and county of Hew York in favor of the defendants, entered in the office of the clerk of said court on the 21st day of December, 1895, • dismissing the complaint, and also from an interlocutory judgment entered in said clerk’s office on the 25th day. of Hovember, 1895, upon the decision of the court rendered after a trial at a Special Term of' said court sustaining the defendants’ demurrer to the first cause of action contained in the amended complaint. Plaintiffs’ first…
1Opinion of the Court
Barrett, J.:
We need add but little to'the satisfactory opinion of Pryor, J.,* upon the demurrer to the original complaint. The present defendants, in their action against the city, claimed the damages in their own right. The present plaintiffs say that these damages were clearly theirs. But that does not help them. If they were entitled to these damages, their rights were not affected by the payment to the defendants. If they have a just claim against the city, they can still assert it. The payment to the defendants was not to their (plaintiffs’) use, but, as they insist, to the defendants’…
2Cases cited7 opinions
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Buel v. BoughtonNew York Supreme Court · 1846
- Moore v. MooreMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fort Lyon Canal Co. v. BennettSupreme Court of Colorado · 1916
- Shultz v. BoydIndiana Supreme Court · 1899
- Dumois v. Mayor of New YorkNew York Supreme Court · 1902