Legal Opinion

Wells v. . Monihan

New York Court of Appeals

Decided December 1, 1891PublishedCited by 29 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Movember 25, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Movember 25, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by plaintiff, as treasurer of the Local Assembly Mo. 4120 of the Knights of Labor, which was alleged .to be an incorporated association, to recover upon the following instrument: “ Amsterdam, M. Y., Nov. 26, 1886. “ I, undersigned, promise to pay, 6 months after date, the sum of $500, which was received by the Local Executive Board, K. of L.,…

1Opinion of the CourtFinch, J.

So far as the defense in this case rests upon the Statute of Frauds it must fail for two reasons. Fo such defense has been pleaded, and it is not raised by the averments of the complaint, and without one or the other of these conditions, the defense, if existing, cannot be made available. (Porter v. Wormser, 94 N. Y. 450.) And then there is the further difficulty that the referee has found as a fact that the consideration-of the note was advanced to the defendants, and refused to find that the loan was made to the local executive board. The evidence was contradictory, but clearly sufficient…

2Cases cited2 opinions

  1. Austin v. . SearingNew York Court of Appeals · 1857
  2. Porter v. . WormserNew York Court of Appeals · 1884

3Cited by29 opinions

  1. Crane v. . PowellNew York Court of Appeals · 1893
  2. State Council Junior Order of United American Mechanics v. EmerySupreme Court of Pennsylvania · 1908
  3. Locals 1140 & 1145, United Electrical, Radio & MacHine Workers of America v. United Electrical, Radio & MacHine Workers of AmericaSupreme Court of Minnesota · 1950
  4. Raoul v. Olde Village Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Honsinger v. MulfordNew York Supreme Court · 1895

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