Almy v. . Thurber
New York Court of Appeals
Appeal from judgment of the General Term of the Oourt of Common Pleas in and for the city and county of Hew York, entered npon an order made March 19, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Oourt of Common Pleas in and for the city and county of Hew York, entered npon an order made March 19, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought by Almy & Co., joined with Bowe, sheriff of the city and county of Hew York, as plaintiffs, pursuant to section 677 of the Code of Civil Procedure, to recover from defendants, members of the firm of H. K. & F. B. Thurber & Co., property in their possession attached by the sheriff in an action by his co-plaintiffs against John Gomard & Co., of…
1Opinion of the CourtDanforth, J.
The defendants were asked for “ a certificate of the property or credits of John Gomard & Co., in their hands on the 10th of May. They responded on the 28th of May by an account current, showing a credit balance of $120.95. It showed, also, the steps by which this balance was reached. These were not called for and might have been omitted'. But still the only essential part of the account was that showing the balance, certifying that so much only belonged to or was the property of the debtors. The other items were admissions, and no doubt could, in a proper case, be used as evidence. They…
2Cited by2 opinions
- Hope Lumber Co. v. Foster & Logan Hardware Co.Supreme Court of Arkansas · 1890
- Lax v. PeierlsAppellate Terms of the Supreme Court of New York · 1914