Hackley v. Draper
New York Supreme Court
Appeal from a judgment rendered at special term in favor of plaintiff. The action was brought in Jefferson county by Andrew J. Hackley and Sarah Hungerford, administratrix of the estate of Marcus Hungerford, deceased, against Simeon Draper, John Steward and Robert Yelverton, to set aside the sale of a judgment, and for other relief.
Read the full summary
Appeal from a judgment rendered at special term in favor of plaintiff. The action was brought in Jefferson county by Andrew J. Hackley and Sarah Hungerford, administratrix of the estate of Marcus Hungerford, deceased, against Simeon Draper, John Steward and Robert Yelverton, to set aside the sale of a judgment, and for other relief. During the pendency of the action Simeon Draper died, and John H. Draper and Henry Draper, the executors under his last will, were substituted as defendants. Some time.previous to 1853 the city of Auburn subscribed for the stock of the Lake Ontario, Auburn and Hew…
1Opinion of the CourtE. Darwin Smith, J.
Upon the findings of fact of the learned judge who tried, this cause at special term, which are fully warranted by the evidence, we think the judgment rendered by him should be affirmed, upon the opinion delivered by him on the motion for a nonsuit and on the argument of the demurrer to the complaint.
The decision upon the latter opinion having been affirmed by this court upon appeal at general term, virtually decided, we think, the law of the case in favor of the plaintiff.
In the points of- the respondent’s counsel it is stated that the case is not correct and that a certain order of the…
2Cases cited19 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Stead's Executors v. CourseSupreme Court of the United States · 1808
- Requa v. ReaNew York Court of Chancery · 1831
14 more not listed; retrieve them via the Exa API.