Mandeville v. . Reynolds
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department,, affirming a judgment in favor of plaintiff entered upon a verdict. This action was upon a judgment alleged to have been rendered and perfected in favor of Henry W. Mandeville, “ upon the confession of the defendant,” and duly assigned by said Mandeville to plaintiff. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department,, affirming a judgment in favor of plaintiff entered upon a verdict. This action was upon a judgment alleged to have been rendered and perfected in favor of Henry W. Mandeville, “ upon the confession of the defendant,” and duly assigned by said Mandeville to plaintiff. The facts appear sufficiently in the opinion. There was no sufficient evidence of the judgment to warrant a recovery. (Dickinson v. Smith, 25 Barb., 102; Townsend v. Wesson, 4 Duer., 342, 353, 354; 9 Wheat., 581-700; 3 N. Y., 424-430;…
1Opinion of the CourtFolger, J.
This is an action upon a judgment recovered by Henry W. Mandeville against Schuyler C. Reynolds, the defendant in this action, by the confession of the defendant, in the Supreme Court of this State, for $2,351, and docketed in Chemung county clerk’s office, October 4, 1853.
The first question for our consideration arises upon the fact that the plaintiff was unable to produce, upon the trial, the judgment roll upon which the judgment was entered and docketed. It was incumbent upon him to do this if it was not lost or destroyed. If it was lost or destroyed he had the same right to give secondary…
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