Pendleton v. Johnson
The Superior Court of the City of New York and Buffalo
Action by James F. Pendleton against Alexander Johnson for services claimed to have been rendered to defendant by A. E. Woodruff, plaintiff’s assignor, as an attorney and counselor at law. Judgment for defendant for $134.94 costs was entered on a verdict for plaintiff for six cents. On appeal to the general term the judgment was affirmed, (14 H. Y. Supp. 629,) and judgment was entered for defendant for $147.17, costs of the appeal.
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Action by James F. Pendleton against Alexander Johnson for services claimed to have been rendered to defendant by A. E. Woodruff, plaintiff’s assignor, as an attorney and counselor at law. Judgment for defendant for $134.94 costs was entered on a verdict for plaintiff for six cents. On appeal to the general term the judgment was affirmed, (14 H. Y. Supp. 629,) and judgment was entered for defendant for $147.17, costs of the appeal. Execution having been issued against plaintiff, and returned unsatisfied, defendant moved to charge plaintiff’s assignor with the costs, as the person having the…
1Opinion of the CourtMcAdam, J.
The proofs are convincing that, as the assignor resided in Hew Jersey, he assigned his demand to the plaintiff, a resident of Hew York, to avoid the necessity of giving security for costs; that, while the legal title to the claim was put in the plaintiff to answer the purposes of the prosecution, (Sheridan v. Mayor, 68 N. Y. 30,) the equitable and beneficial interest remained in the assignor, and he is chargeable with the costs, under section 3247 of the Code.1 Slauson v. Watkins, 46 N. Y. Super. Ct. 172; Winants v. Blanchard, 12 N. Y. St. Rep. 384; Society v. Loomis, (Sup.) 3 N. Y. Supp.…
2Cases cited4 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Colvard v. OliverNew York Supreme Court · 1832
- Giles v. . HalbertNew York Court of Appeals · 1854
- First General or Six Principle Baptist Soc. v. LoomisNew York Supreme Court · 1888
3Cited by2 opinions
- Montanye v. MontgomeryNew York Court of Common Pleas · 1892
- Metropolitan Addressing & Mailing Co. v. GoodenoughThe Superior Court of the City of New York and Buffalo · 1891