Legal Opinion

Barker v. . Bradley

New York Court of Appeals

Decided June 21, 1870PublishedCited by 36 opinions

Appeal from a judgment of the General Term of the Supreme Court, in the eighth district, affirming a judgment of the Special Term, entered upon the report of a referee appointed by the surrogate of Cattaraugus county.

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Appeal from a judgment of the General Term of the Supreme Court, in the eighth district, affirming a judgment of the Special Term, entered upon the report of a referee appointed by the surrogate of Cattaraugus county. Prior to December, 1861, the plaintiff, Anthony Fay, David Harrower and the defendant’s testator, Samuel W. Bradley, were copartners under the firm name of “ The Luna Lumber Companyand in the month of December, the firm failed, and all its property went into the possession of Benj. Chamberlain, who was a large creditor of the firm. The precise terms upon which Chamberlain took…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] While the evidence in this case is not as satisfactory as could be wished, yet, under the rules applicable to appeals in this court, it must be considered as established that, in the fall of 1864, Benjamin Chamberlain agreed to pay the plaintiff $2,000 for his interest in the property of the "Luna Lumber Company," and that subsequently the testator, Samuel W. Bradley, upon a consideration passing between him and Chamberlain, promised to pay the $2,000 to the…

2Cases cited6 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Barker v. BucklinNew York Supreme Court · 1846
  3. Hutchins v. . HebbardNew York Court of Appeals · 1865
  4. Murray v. SmithThe Superior Court of New York City · 1853
  5. Bingham v. Weiderwax & SutherlandNew York Court of Appeals · 1848

1 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Juilliard v. . ChaffeeNew York Court of Appeals · 1883
  2. Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
  3. Healy v. YoungSupreme Court of Minnesota · 1875
  4. Tomaso, Feitner and Lane, Inc. v. BrownNew York Court of Appeals · 1958
  5. Wood v. MoriartySupreme Court of Rhode Island · 1887

31 more not listed; retrieve them via the Exa API.

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