Manning v. Lyon
New York Supreme Court
Appeal from circuit court, New York county. Action by James S. Manning, as surviving partner of the firm, of A 0. Manning & Co., against James W. Lyon, to recover the price of an engine, and to hold defendant liable as indorser of a certain note transferred by him to plaintiff. From a judgment entered on the verdict of a jury directed by the court in favor of defendant, plaintiff appeals.
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Appeal from circuit court, New York county. Action by James S. Manning, as surviving partner of the firm, of A 0. Manning & Co., against James W. Lyon, to recover the price of an engine, and to hold defendant liable as indorser of a certain note transferred by him to plaintiff. From a judgment entered on the verdict of a jury directed by the court in favor of defendant, plaintiff appeals. On the 20th day of January, 1890, A. C. Manning & Co. and James W-Lyon entered into a written contract by which the former agreed to sell and the latter to purchase an Otto gas engine for 81,250, to be paid…
1Opinion of the CourtFollett, J.
In the complaint the sale of the engine and the indorsement of the note were set out, and the plaintiff sought to recover on the original indebtedness, and also on the contract of .indorsement. Before the case was opened, the defendant moved that the court compel the plaintiff to elect whether he would seek to recover on the original indebtedness or on the indorsement. This motion was granted. The plaintiff excepted, and then elected to recover on the contract of sale. After the case had been opened, but before any evidence was offered, the plaintiff, with leave of the court, reconsidered his…
2Cases cited2 opinions
- Noel v. . MurrayNew York Court of Appeals · 1855
- Smith v. . MillerNew York Court of Appeals · 1873
3Cited by2 opinions
- Crane v. BarronAppellate Division of the Supreme Court of the State of New York · 1906
- O'Neill v. MeighanAppellate Terms of the Supreme Court of New York · 1900