Kelly v. Gould
New York Supreme Court
Exception from circuit court, New York county. Action by Eugene Kelly against Jay Gould and others for false representations. After plaintiff had closed his case the complaint was dismissed, and exceptions to the order were directed to be heard at the general term in the-first instance.
1Opinion of the CourtPatterson, J.
The plaintiff herein sues, as the assignee of the MilmoNational Bank, on a specific claim asserted against the defendants or some of them. That claim arises out of transactions consisting of the advance of money by the bank (which was located in Texas) to a certain firm of contractors, viz., Messrs Hunter, Sampsel & Wells, on drafts drawn by such contractors on one of the defendants, and which drafts were dishonored. The firm referred to was, at the time the drafts were drawn and the money was-*350•advanced, engaged in the work of building, as contractors, a railroad in Mexico, with which…
2Cases cited2 opinions
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- Oberlander v. . SpiessNew York Court of Appeals · 1871
3Cited by2 opinions
- Fox v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1913
- Humphrey v. SmithAppellate Division of the Supreme Court of the State of New York · 1896