Legal Opinion

Cutts v. . Guild

New York Court of Appeals

Decided May 5, 1874PublishedCited by 19 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for an alleged wrongful act of defendant in satisfying a judgment after he had assigned it.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for an alleged wrongful act of defendant in satisfying a judgment after he had assigned it. The defendant, October 14, 1856, as assignee of the firm of O. Boyden & Co., of Newark, N. J., recovered a judgment in the Supreme Court of New York against M. Drury and S. Humphrey for $545.29. About the same time he recovered several…

1Opinion of the Court

Dwight, C.

The judge at the circuit withdrew all the questions contained in this case from the decision of the jury, except the single oiie of the amount of damages. His professed object was to enable a full review to be made of them in the appellate court. • He was requested to charge on the following points, among others: (1.) That if the jury believed that Mr. Dodge represented Crawford and Wheeler and Fuller, that the plaintiff cannot recover. (2.) That if they believed that Mr. Fuller was jointly interested with Mr. Crawford or Mr. Wheeler or botli of them in the purchase of the judgment,…

2Cases cited9 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Bush v. . LathropNew York Court of Appeals · 1860
  3. Mickles v. . TownsendNew York Court of Appeals · 1859
  4. Baldwin v. MildebergerThe Superior Court of New York City · 1829
  5. Scrantom v. BoothNew York Supreme Court · 1859

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Sherwood v. WalkerMichigan Supreme Court · 1887
  2. Cowdrey v. VandenburghSupreme Court of the United States · 1880
  3. Selwyn Co. v. . WallerNew York Court of Appeals · 1914
  4. Yehle v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1943
  5. Shapiro v. Queens County Jockey ClubCity of New York Municipal Court · 1945

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API