Miller v. Carpenter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Reese Carpenter, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of April, 1902, granting the plaintiff’s motion for leave to amend the Complaint upon condition that he should pay to the defendant the sum of fifty dollars.
1Opinion of the Court
Hirschberg, J.:
The practical question presented by this appeal is as to the sufficiency of the terms imposed. The action is brought to procure the reassignment of certain stock which the plaintiff transferred to the defendant by a written instrument absolute in form, but as the plaintiff claims in pursuance of an oral agreement that the assignment was to be as collateral security only. Upon oral testimony *131of the prior understanding the plaintiff procured a judgment, which was reversed by this court and a new trial granted. (Miller v. Carpenter, 68 App. Div. 346.) In the opinion then delivered…
2Cases cited5 opinions
- Griswold v. HazardSupreme Court of the United States · 1891
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Miller v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1902
- Lesser v. Gilbert Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Kirkpatrick Home for Childless Women v. KenyonAppellate Division of the Supreme Court of the State of New York · 1924
- Lifshitz v. MinskerCity of New York Municipal Court · 1910