Sheridan v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant, entered upon a verdict. (Reported below, 8 Hun, 424.) This action was brought originally by Morgan Jones upon an account for work done for, and materials furnished to, defendant; pending the action the claim was assigned by him to plaintiff, who was substituted as plaintiff. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant, entered upon a verdict. (Reported below, 8 Hun, 424.) This action was brought originally by Morgan Jones upon an account for work done for, and materials furnished to, defendant; pending the action the claim was assigned by him to plaintiff, who was substituted as plaintiff. The facts sufficiently appear in the opinion. The court erred in submitting to the jury the question whether plaintiff was the real party in interest or owner of the claim in suit.…
1Opinion of the Court
Church, Ch. J.
The only question submitted to the jury was whether the plaintiff was the real party in interest. A written assignment, properly executed and acknowledged before a proper officer, was produced in terms transferring absolutely for a valuable consideration the demand in suit from Morgan Jones to the plaintiff, and proof was made of the delivery thereof by the former to the latter. As to these facts there was no dispute, nor could there be any dispute that the plaintiff held the legal title to fhe demand. The learned judge submitted the question to the jury in this language: “ If…
2Cases cited3 opinions
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Gage v. KendallNew York Supreme Court · 1836
- Richardson v. MeadNew York Supreme Court · 1858
3Cited by115 opinions
- Titus v. WallickSupreme Court of the United States · 1939
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Hays v. . HathornNew York Court of Appeals · 1878
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
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