Elton v. Markham
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered at a special term of the court, after a trial at the circuit. The complaint was as follows : “ Nathaniel Elton, the plaintiff in this action, complains of Thomas Markham, the defendant, for that the said plaintiff on or about the 31st day of May, 1851, was lawfully possessed as of his own property, of one large gold English lever watch, of the value of one hundred and twenty-five dollars, and that the said plaintiff, on or…
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APPEAL, by the plaintiff, from a judgment entered at a special term of the court, after a trial at the circuit. The complaint was as follows : “ Nathaniel Elton, the plaintiff in this action, complains of Thomas Markham, the defendant, for that the said plaintiff on or about the 31st day of May, 1851, was lawfully possessed as of his own property, of one large gold English lever watch, of the value of one hundred and twenty-five dollars, and that the said plaintiff, on or about the time above stated, in the town of Perinton, county of-Monroe, did lend said watch, without any consideration…
1Opinion of the Court
By the Court, T. R. Strong, J.
It was insisted on the part of the plaintiff at the trial, that none of the material allegations in the complaint were controverted by the answer, *346and that all of them must, therefore, under section 168 of the code, for the purposes of the action, be taken as true ; hence that upon the complaint and answer the plaintiff was entitled to a verdict; and the justice was requested by the plaintiff’s counsel so to decide. The justice refused thus to decide; but on the contrary decided, that said allegations were, and that each of them was sufficiently denied to put the…
2Cited by11 opinions
- Magee v. . BadgerNew York Court of Appeals · 1866
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Revely v. SkinnerSupreme Court of Missouri · 1862
- Wynn v. CorySupreme Court of Missouri · 1869
- Heye v. BollesNew York Court of Common Pleas · 1867
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