Walbridge v. Simon
The Superior Court of the City of New York and Buffalo
Appeal from municipal court. Action by Charles E. Walbridge and another against Andrew Simon. There was a judgment in favor of plaintiffs, and defendant appeals.
1Opinion of the CourtHatch, J.
This action was commenced by the service of a summons on the 20th of September, 1894, and is brought to recover on a promissory note and book account assigned to plaintiff by one Charles Buscher. The complaint is quite informal, and alleged in general terms on an account for goods sold and delivered to defendant by Buscher, and assigned to plaintiffs, and its amount. The defendant answered by a general denial and plea of payment. The proof is undisputed that the account was not assigned to plaintiffs until September 2oth, five days after the service of the summons. The answer put every fact…
2Cases cited5 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Dooley v. MoanNew York Supreme Court · 1890
- Davis v. SeamanNew York Supreme Court · 1892
- Follmer v. FrommelNew York Supreme Court · 1892
3Cited by2 opinions
- Powell v. MurphyAppellate Division of the Supreme Court of the State of New York · 1897
- Textile Publishing Co. v. SmithAppellate Terms of the Supreme Court of New York · 1900