Riker v. Curtis
New York Court of Common Pleas
Appeal from city court, general term. Action by Fillmore Riker, substituted as plaintiff in place of Emily F. Wyckoff, by whom the action was originally brought, against James L. Curtis, for money loaned. Said Emily F. Wyckoff died pending the action, and Jacob F. Wyckoff assigned the cause of action to said Fillmore Biker, the present plaintiff herein. From a judgment of the city court (27 N. Y. Supp. 1012) affirming a judgment in favor of plaintiff, defendant appeals.
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Appeal from city court, general term. Action by Fillmore Riker, substituted as plaintiff in place of Emily F. Wyckoff, by whom the action was originally brought, against James L. Curtis, for money loaned. Said Emily F. Wyckoff died pending the action, and Jacob F. Wyckoff assigned the cause of action to said Fillmore Biker, the present plaintiff herein. From a judgment of the city court (27 N. Y. Supp. 1012) affirming a judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
The complaint declared upon two causes of • action for money loaned; the defenses interposed being a general denial, that the several causes of action did not accrue within the six years immediately preceding the commencement of the action, and that the moneys alleged to have been loaned were in fact paid upon the purchase of a demand existing in favor of the defendant against a third person. Regarding the action as having proceeded upon the causes of action alleged, it was clearly error for the trial court to deny the defendant’s motion, made when the evidence was finally submitted, for the…
2Cases cited12 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Frear v. . SweetNew York Court of Appeals · 1890
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Harris v. . TumbridgeNew York Court of Appeals · 1880
- Romeyn v. . SicklesNew York Court of Appeals · 1888
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3Cited by2 opinions
- Guilford v. BrodyAppellate Division of the Supreme Court of the State of New York · 1933
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