Ochs v. Frey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick Frey, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of June, 1899, upon the decision of the court rendered after a trial at the Kings County Trial Term before the court without a jury.
1Opinion of the Court
Woodward, J. :
The defendant urges on this appeal not only that the judgment -should be reversed for error in the admission of incompetent evidence, but that the complaint fails to state a cause of action and ■should be dismissed in this court. The complaint avers that “ the above-named defendant on the twenty-eighth day of March, 1892, was justly indebted unto this plaintiff in the sum of twelve hundred and fifty dollars for money loaned by this plaintiff to said defendant,” and that “ prior to the commencement of this action the payment of the said sum of twelve hundred and fifty dollars was…
2Cases cited5 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Fox v. . the Erie Preserving CompanyNew York Court of Appeals · 1883
- Rothchild v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1890
- Harmon v. Vanderbilt Hotel Co.New York Supreme Court · 1894
- Rothschild v. Grand Trunk Railway Co.New York Supreme Court · 1891
3Cited by3 opinions
- Abra Holding Corp. v. JacksonNew York Supreme Court · 1961
- Security Mutual Life Insurance v. DanzilioNew York Supreme Court · 1932
- Tighe v. LaveryAppellate Terms of the Supreme Court of New York · 1917