Douglass v. Day
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered at General Term in the eighth district, affirming a judgment for the plaintiff rendered at Special Term, after trial before Mr. Justice Bowen without a jury. The facts are sufciently stated in the opinion.
1Opinion of the CourtSorugham, J.
There is not in this case a single exception. The case was tried before a judge without a jury on a statement of facts agreed upon by the parties.
The action was brought upon a promissory note, the com- - plaint stating that on the 22d November, 1855, there was paid on and toward the said note the sum of $166, being the avails arising from the sale of certain shares of the Van Burén Harbor company’s scrip, which was sold on the said 22d day of November, by virtue of certain agreements existing between the plaintiff and the defendants William Day and David P. Hall.
A question as to the validity…
2Cases cited1 opinion
- Smith v. . GrantNew York Court of Appeals · 1857
3Cited by3 opinions
- Howell v. . MillsNew York Court of Appeals · 1874
- Howell v. MillsNew York Court of Appeals · 1874
- Gallup v. BabsenNew York Supreme Court · 1875