Wicks v. . Monihan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 10, 1889, which affirmed a judgment in favor of the plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 10, 1889, which affirmed a judgment in favor of the plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in holding as a matter of law that the plaintiff was the real party in interest, and could maintain this action as treasurer of Local Assembly lio. 4119 of the Knights of Labor. (McFadden v. Murphy, 149 Mass. 341; Altmann v. Benz, 27 N. J. Eq. 331; Schmidt v.…
1Opinion of the Court
Follett, Ch. J.
This action was begun August 1,1887, to recover the amount due on the following note :
“ $500. Amsterdam, N. Y. Nov. '¿Srd, 1886.
“ Six months after date we promise to pay to the order of William Perry, William Byland, John Silber, trustees, and Jay Wicks, treasurer, live hundred dollars at the First National Bank of Amsterdam, value received with three per cent use.
“E. H. MONIHAN, “JOHN 0. STACK.”
It is conceded that the note was given for money owned by the society and loaned to the defendants, and that no part of it has been paid.
The defenses interposed were: (1) That the note…
2Cases cited1 opinion
- Austin v. . SearingNew York Court of Appeals · 1857
3Cited by19 opinions
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- Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926
- Pratt v. Amalgamated Ass'n of Street & Electric Railway Employees of AmericaUtah Supreme Court · 1917
- Robertson v. KnightenSupreme Court of Oklahoma · 1943
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