Gould v. . Cayuga County National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Reported below, 28 Hun, 293.) The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Reported below, 28 Hun, 293.) The nature of the action and the facts appear sufficiently in the opinion. A party who elaims to go behind a contract, and recover a right in opposition to it, on the ground of fraud, or other 'ground, must first -restore what he received through the contract. (49 N. Y. 623; 61 id. 145; 13 Barb.…
1Opinion of the CourtEarl, J.
This action was brought to recover damages for the alleged breach of an agreement / ide by the defendants to return to the plaintiff certain TTnit d States bonds loaned by him to the bank, in June, 1865, thf defendant Beardsley being surety for the bank The deft idants, in their answer, interposed several defenses, among which were the statute of limitations and the return of the bonds to the plaintiff. "They also set up that, before the commencement of the action, the plaintiff called upon the bank for the return of the bonds, claiming that they had not been returned to him, and that the…
2Cases cited10 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Harper v. . FairleyNew York Court of Appeals · 1873
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3Cited by169 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Ludington v. PattonWisconsin Supreme Court · 1901
- McCall v. Superior CourtCalifornia Supreme Court · 1934
164 more not listed; retrieve them via the Exa API.