Legal Opinion

Van Dyke v. Gardner

Appellate Terms of the Supreme Court of New York

Decided December 15, 1897PublishedCited by 2 opinions

Appeal by tbe defendant from a judgment entered upon tbe verdict of a jury in favor of plaintiff for $1,337.75 and costs.

1Opinion of the CourtDaly, P. J.

The defendant, a lawyer, was sued by the. assignee of his client Emma D. Wadsworth, upon his agreement in'writing made March 1, 1894, to take from her a reassignment of a bond and mortgage which he had previously sold to her for $1,150, the amount due thereon, and to pay her upon such reassignment, at any time after April 1, 1895; the amount due upon the bond and mortgage, if notified not later than February 1, 1895.

The complaint alleged notice from the assignor to defendant in December, 1894; demand by her of payment immediately after April 1, 1895, of the.sum of $1,150, being the amount due…

2Cases cited4 opinions

  1. Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
  2. Stillman v. . NorthrupNew York Court of Appeals · 1888
  3. Van Driel v. RosierzSupreme Court of Iowa · 1869
  4. Love v. Van EveryMissouri Court of Appeals · 1885

3Cited by2 opinions

  1. Friedman v. SchulmanAppellate Terms of the Supreme Court of New York · 1905
  2. Zou v. HanDistrict Court, E.D. New York · 2024

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