Allen v. . Brown
New York Court of Appeals
Appeal from an order of the Supreme Court at General Term, in the seventh district, affirming a judgment in favor of the plaintiff, entered upon the report of a referee. In the spring of 1858, Constant Cook, Jotham Clark, Trumbull. Carey and the defendant owned certain claims against the Madison and Indianapolis Railroad Company.
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Appeal from an order of the Supreme Court at General Term, in the seventh district, affirming a judgment in favor of the plaintiff, entered upon the report of a referee. In the spring of 1858, Constant Cook, Jotham Clark, Trumbull. Carey and the defendant owned certain claims against the Madison and Indianapolis Railroad Company. The defendant was about to go west that spring to settle his own share of the claim, and applied to Cook, Carey and Clark to take charge of the settlement of their interests in the same matter, and received from each of them power to do so. Each of the parties was to…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The appellant insists that the assignment from Cook, Clark and Carey to the plaintiff, conveyed no title upon which this suit could be brought. This point is based upon the evidence given by Mr. Cook, when he testifies "Allen paid me nothing, and I agreed with him that I would take care of the case, and if he got beat it should not trouble or cost him anything."
I am of the opinion, that the assignment is sufficient to sustain this action.
The Code abolishes the…
2Cases cited5 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
- Williams v. BrownNew York Court of Appeals · 1866
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- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
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