Burckle v. . Eckhart
New York Court of Appeals
Appeal from the supreme court, where Burckle brought an action of assumpsit against James Gibb, Thomas Gibb, Elisha Lane, and Isaac R. Eckhart. The suit was upon a "contract made March 2, 1841, between the plaintiff, of Oswego, of the one part, and James Gibb & Co. of Quebec, of the other part. The cause was first tried in January, 1843, when the plaintiff had a verdict which was set aside by the supreme court and a new trial granted.
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Appeal from the supreme court, where Burckle brought an action of assumpsit against James Gibb, Thomas Gibb, Elisha Lane, and Isaac R. Eckhart. The suit was upon a "contract made March 2, 1841, between the plaintiff, of Oswego, of the one part, and James Gibb & Co. of Quebec, of the other part. The cause was first tried in January, 1843, when the plaintiff had a verdict which was set aside by the supreme court and a new trial granted. The facts as they appeared on that occasion are stated in the report of the case. (1 Denio, 337.) There was another trial in November, 1845, and the plaintiff…
1Opinion of the CourtGardiner, J.
Two questions are presented'in this case-1st. Had the vice chancellor of the fifth circuit jurisdiction to make the decree received in evidence upon the trial? and if not, 2d, whether Eckhart is shown prima facie, to be one of the firm of Gibbs & Co. by the other evidence in the cause ? The statute (2 R. S. 168, § 2,) declares, that every circuit judge within the limits of his circuit, shall, concurrently with the chancellor, have, and exercise, all the original jurisdiction, and powers, vested in the chancellor, in all causes, and matters in equity, when such causes and matters shall have…
2Cases cited5 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Davis v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by44 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Leggett v. . HydeNew York Court of Appeals · 1874
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
- Shepard v. PrattSupreme Court of Kansas · 1876
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