Seeley v. Morgan
The Superior Court of New York City
Appeal by plaintiff from j ndgment entered on report of referee dismissing the complaint. The action was for alleged equitable cause. The plaintiff sought to enforce a cause of action in a Massachusetts corporation assigned to him. He gave facts tending to prove the cause of action, and to show that it had been assigned to him he offered in evidence a written transfer signed in the name of the corporation, by its treasurer, with the corporate seal affixed.
Read the full summary
Appeal by plaintiff from j ndgment entered on report of referee dismissing the complaint. The action was for alleged equitable cause. The plaintiff sought to enforce a cause of action in a Massachusetts corporation assigned to him. He gave facts tending to prove the cause of action, and to show that it had been assigned to him he offered in evidence a written transfer signed in the name of the corporation, by its treasurer, with the corporate seal affixed. The referee refused to receive it in evidence, on the ground that it conclusively appeared by the testimony that the person filling the…
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
—The answer of one of the defendants denies that the alleged claim and rights of the Tournaphone Music Company mentioned in the complaint, have been duly or otherwise assigned to the plaintiff, and denies that the plaintiff is the owner of the said claim and rights or any of them. The answers of the other *354defendants make the same denials, and aver “that the plaintiff herein is not the real party in interest, but that the Tournaphone Music Company in the complaint mentioned is the real party in interest,” one of the answers averring “ that the action in truth is…
2Cases cited13 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Parish v. . WheelerNew York Court of Appeals · 1860
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Hays v. . HathornNew York Court of Appeals · 1878
8 more not listed; retrieve them via the Exa API.