M'Menomy v. Ferrers
New York Supreme Court
THIS was an action of assumpsit, for money had and received to the use of the plaintiffs. Plea, non-assumpsit, The cause was tried, the 4th April, 1806, before Mr. Tus- ’ ‘ Justice Tompkins, at the circuit, in King's county.
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THIS was an action of assumpsit, for money had and received to the use of the plaintiffs. Plea, non-assumpsit, The cause was tried, the 4th April, 1806, before Mr. Tus- ’ ‘ Justice Tompkins, at the circuit, in King's county. J. Mark' and J. Speyer, having been partners together, under the firm of Jacob Mark, &? Co. dissolved their copartnership, in the month of August, 1799. On the 18th July, 1800, Mark £s? Speyer were duly declared bankrupts, having, committed an act of bankruptcy on the 11th July, 1800. The plaintiffs were appointed assignees, and an assignment was made to them by the…
1Opinion of the CourtSpencer, J.
The judges of this court must know, and will take notice of what passes on trials before them; but we have no such knowledge in relation to trials before inferior courts, and to bring the facts before this court, by affidavit, is unprecedented.
Kent, Ch. J.
We may, perhaps, take notice of the fact, in the exercise of our discretion, as to granting a new trial.
Thompson, J.
Though it is unusual to receive affidavits in such a case, yet I see no objection to taking notice of the fact suggested, when we come to exercise our discretion as to the propriety of granting a new trial.
T. A. Emmet, in…
2Cases cited1 opinion
- Peyton v. HallettNew York Supreme Court · 1803
3Cited by13 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- United States Bank v. HuthCourt of Appeals of Kentucky · 1844
- Doane v. GlennSupreme Court of Colorado · 1872
- Weyeth Hardware & Manufacturing Co. v. James-Spencer-Bateman Co.Utah Supreme Court · 1897
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