Brown v. . Champlin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of Buffalo affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The complaint in this action contained two counts; the first alleged, in substance, that, on or about June 17, 1869, defendants executed, under then- hands and seals, and delivered to Frederick W. Breed and Charles E. Young a bond in the penal sum of $10,000, conditioned for the payment of $5,000 on or before August fifteenth, then next. That said Breed and Young, for a valuable consideration, sold and assigned the…
1Opinion of the Court
Church, Ch., J.
The learned counsel for the defendants asks for a reversal of the judgment in this action, upon three grounds. 1. That the recovery was for a different cause of action from that set forth in the complaint. 2. For usury. 3. For defect of parties defendant.
The first ground is clealy untenable. The complaint contains two counts; the first alleges the making and delivery by defendants of a bond in the penal sum of $10,000, conditioned to pay Breed and Young $5,000, and an assignment for value by the latter to plaintiff. The second count alleges, that the defendants covenanted under…
2Cited by16 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Yehle v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1943
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1898
- Triboro Coach Corp.v. New York State Labor Relations BoardAppellate Division of the Supreme Court of the State of New York · 1941
- Johnson v. Wilcox & Gibbs Sewing-Machine Co.U.S. Circuit Court for the District of Southern New York · 1885
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