Hart v. Hudson
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee, dismissing the complaint. The pleadings in the case are the following:— The complaint in this action of Charles Gr.
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Appeal from a judgment entered upon the report of a referee, dismissing the complaint. The pleadings in the case are the following:— The complaint in this action of Charles Gr. Hart, plaintiff, against Horace R. Hudson and John C. Smith, defendants, being copartners under the style of Hudson & Smith at the city of New York, shows— That on or about the third day of June, 1851, the plaintiff was the holder and owner of a certain promissory note in writing, bearing date September 9th, 1850, made by Bailey & Brothers, payable to Margaret A. Overacre one year from date, for the sum of two_ hundred…
1Opinion of the CourtBy the Court. Duer, J.
This is a case of slight importance in respect to the sum in controversy; but it involves questions that have seemed, to us worthy of our attentive consideration.
The first of the questions is, whether, upon the evidence before the referee, and the facts as found by him, the plaintiff was entitled to recover -the sum demanded in the complaint? The second, whether, upon the supposition that he was so entitled, the variance between the proof and the complaint was such as to create a bar to his recovery in the present aotion ? Each of these questions has been determined by the referee in favor of…
2Cases cited13 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Delafield v. StateNew York Supreme Court · 1841
- Putnam v. LewisNew York Supreme Court · 1811
- Moakley v. RiggsNew York Supreme Court · 1821
- Holmes v. D'CampNew York Supreme Court · 1806
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3Cited by23 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Hurley v. WatsonMichigan Supreme Court · 1888
- West v. EleyOregon Supreme Court · 1901
- Hart v. StriblingSupreme Court of Florida · 1889
- Evans v. BellTexas Supreme Court · 1876
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