Henderson v. Fullerton
New York Court of Common Pleas
This action was tried in the New York marine court. The jury found for the plaintiff. The trial judge, upon a motion made therefor upon his minutes, granted a new trial, and from this order the plaintiff appealed to the general term of the marine court, where, after argument, the order of the trial judge was reversed, and the verdict permitted to stand, for the reasons stated in the following opinion, in which the facts sufficiently appear.
1Opinion of the CourtMcAdam, J.
The plaintiff had a claim against one Chapman, and executed an assignment of it to the defendant, so as to enable him to maintain an action in his own name against Chapman for the recovery of the debt. The plaintiff claims that the assignment was executed pursuant to a previous oral understanding that one-half of the amount ultimately collected should be paid to him after its collection by the defendant. The defendant accepted the assignment, and commenced an action thereunder in his own name against Chapman, which resulted in a judgment in favor of Fullerton, the present defendant, which,…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Durgin v. . Ireland and PrudenNew York Court of Appeals · 1856
- Bakes v. ConnellNew York Court of Common Pleas · 1865
3Cited by2 opinions
- Van Epps v. HarnsNew York Supreme Court · 1895
- Young v. PurdyNew York Surrogate's Court · 1886