Wheelock v. . Lee
New York Court of Appeals
Appeal from so much of a judgment of the General Term of the City Court of Brooklyn, as affirmed in part a judgment m favor of plaintiff, entered upon a decision of the court at Special Term. This action was brought by plaintiff, as assignee in bankruptcy of C. F. Freman & Bro. It is reported on a former appeal in 64 FT.
Read the full summary
Appeal from so much of a judgment of the General Term of the City Court of Brooklyn, as affirmed in part a judgment m favor of plaintiff, entered upon a decision of the court at Special Term. This action was brought by plaintiff, as assignee in bankruptcy of C. F. Freman & Bro. It is reported on a former appeal in 64 FT. Y., 242. The complaint contains five counts, the first four alleging in substance the making of various usurious loans by the defendant to the bankrupts, and the payment by the latter of the usurious interest, which plaintiff asked to recover back. The fifth count alleged the…
1Opinion of the CourtRapallo, J.
The defendant set up in his answer that the plaintiff’s cause of action, if any, did not arise in the city, of Brooklyn but in the city of Yew York. That at the time of the commencement of this action the defendant did not reside in the city of Brooklyn, that he never resided or had a place of business there, and that the summons was served in the city of Yew York and not in the city of Brooklyn and that consequently the City Court of Brooklyn had no jurisdiction of the person of the defendant or of the action. These allegations are substantiated by the evidence and findings, and it is…
2Cases cited6 opinions
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Hoag v. . LamontNew York Court of Appeals · 1875
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
- Palen v. . JohnsonNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
76 more not listed; retrieve them via the Exa API.