Verplanck v. . Van Buren
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, iu the second judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff's complaint, on trial. (Reported below, 11 Hun, 328.) The nature of the action and the facts are set forth sufficiently in the opinion. This action was not barred by those brought by the former receiver ; the parties were not the same.
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Appeal from judgment of the General Term of the Supreme Court, iu the second judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff's complaint, on trial. (Reported below, 11 Hun, 328.) The nature of the action and the facts are set forth sufficiently in the opinion. This action was not barred by those brought by the former receiver ; the parties were not the same. (Bostwick v. Menck, 40 N. Y., 383-389; Graff v. Bonnett, 25 How. Pr., 47; Campbell v. Genet, 2 Hilt., 295; Stewart v. Foster, id., 505; Atkins v. Sewine, 11 Abb. [N. S.], 384;…
1Opinion of the CourtFolger, J.
This case is before us a second time. In the argument of it, at this time, the learned counsel for the appellant has often referred to the record on the former appeal. That is no part of the record now. We are confined to the record returned to us at this time. We look for error in that alone ; and if none is there found, the judgment of the court below must bo upheld.
The record now before us shows only the summons, the pleadings in the case, and the offers of testimony, the rulings of the court, the exceptions thereto, and the judgment.
The summons is for relief — the relief demanded in the…
2Cases cited9 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Place v. . MinsterNew York Court of Appeals · 1875
- Ross v. . WoodNew York Court of Appeals · 1877
- Bostwick v. . MenckNew York Court of Appeals · 1869
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