Whiting v. . Glass
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 31, 1913, affirming a judgment in favor of- plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, having made a general.assignment for the benefit of creditors, was not the real party in interest. (Code Civ. Pro. § 449; Foster v. Central Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 31, 1913, affirming a judgment in favor of- plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, having made a general.assignment for the benefit of creditors, was not the real party in interest. (Code Civ. Pro. § 449; Foster v. Central Nat. Bank, 183 N. Y. 379; Osborne v. Hughes, 128 App. Div. 128; Greenwood v. Marvin, 111 N. Y. 423.) The plaintiff is the real party in…
1Opinion of the CourtHiscook, J.
This action was brought to recover the value of various articles of personal property claimed to have been sold and delivered by respondent to appellant. The sale originated in a verbal contract for the exchange of this property owned by the former for a farm owned by the latter and which contract it is alleged the appellant was unable or unwilling to complete although he had received respondent’s property.
It is unnecessary to consider all the various objections urged by appellant’s counsel to the recovery which has been directed in the action, for in our opinion there was developed on the…
2Cases cited1 opinion
- Foster v. Central National BankNew York Court of Appeals · 1906
3Cited by9 opinions
- Flickinger v. . GlassNew York Court of Appeals · 1918
- Massi v. Alben Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Tioga County General Hospital v. TiddNew York Supreme Court · 1937
- In re BertrandNew York City Family Court · 1979
- Stolz v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1958
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