Legal Opinion

Richards v. Brice

New York Court of Common Pleas

Decided February 4, 1889PublishedCited by 3 opinions

On reargument of an appeal from a judgment of the city court, general term. Memorandum decision on original hearing, post, 947 Code Civil Proc. N Y. § 3191, provides that an appeal may be taken to the court of common pleas foi the city and county of New York from an actual determination made by the city court at general term, where a final judgment has been rendered, on an appeal taken to the general term

1Opinion of the Court

Bookstaver, J,

The action was brought against a stockholder of the American Opera Company for the statutory liability imposed by section 37 of chapter 611, Laws 1875. As stated in appellant’s brief, an agreement was entered into between the parties to accept amended and supplemental pleadings in order to bring in certain admitted facts occurring after the action was commenced. The answer thus interposed alleged that the defendant bad paid her full liability under that section to another creditor after suit brought. To-this defense plaintiff interposed a demurrer, which was overruled at the'…

2Cases cited15 opinions

  1. Garrison v. . HoweNew York Court of Appeals · 1858
  2. Pfohl v. . SimpsonNew York Court of Appeals · 1878
  3. Mathez v. . NeidigNew York Court of Appeals · 1878
  4. Delaney v. . BrettNew York Court of Appeals · 1872
  5. Weeks v. . LoveNew York Court of Appeals · 1872

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3Cited by3 opinions

  1. Bartlett v. BunnNew York Supreme Court · 1889
  2. Crouch v. MollNew York Supreme Court · 1889
  3. Webster v. ClarkNew York Supreme Court · 1893

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