Drexel v. . Pease
New York Court of Appeals
Appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 29, 1890, which affirmed a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 29, 1890, which affirmed a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. On the vital points of indebtedness, amount of indebtedness and identity of the open accounts claimed, with the proceeds of goods shipped by St-.Amant, there is no legal evidence whatever. (Doe v. Perkins, 3 T. R. 749; Greenl. on Ev. §§ 436-439; 2 Phil, on Ev. 413; 1 Stark, on Ev.…
1Opinion of the CourtO’Brien, J.
The controversy which resulted in this appeal grows out of a written contract made in March, 1883, between Joseph M. Pease, a merchant doing business at the time in the city of New York, and George St.Amant, a merchant doing business in Paris, France. Before making any further reference to the terms of the contract it is necessary to get a clear idea of the proceedings through which St.Amant and the parties representing Pease are before this court. In August, 1884, Pease failed and made an assignment for the benefit of his creditors. Immediately after this failure the defendant, the…
2Cases cited1 opinion
- Importers & Traders' National Bank v. PetersNew York Court of Appeals · 1890
3Cited by9 opinions
- Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Drexel v. . PeaseNew York Court of Appeals · 1892
- Stein v. George B. Spearin, Inc.New Jersey Court of Chancery · 1936
- Saal v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Doyle v. Metropolitan Elevated RailroadNew York Court of Common Pleas · 1892
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