Byrnes v. . Byrnes
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made May 22, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Plaintiff under the agreement with defendant became a simple creditor at large; the defendants debtor with the right to use the moneys for his own use and benefit; and the moneys were a loan.
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Appeal from judgment of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made May 22, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Plaintiff under the agreement with defendant became a simple creditor at large; the defendants debtor with the right to use the moneys for his own use and benefit; and the moneys were a loan. (Butler v. Sprague, 66 N. Y. 392; Jordan v. Nat. Shoe & Leather Bk., 74 id. 467, 473; Ætna Nat. Bk. v. Fourth Nat. Bk., 46…
1Opinion of the CourtEarl, J.
The plaintiff alleges that in May, 1872, he entered into the employment of the defendant, his uncle, under an agreement whereby he was to have for his wages the sum of $14 per week, $9 of which was to be paid to him, and $5 of which was to remain in the hands of the defendant upon interest for his benefit -until he should want it or leave the defendant’s service, and that he remained in the employment of the defendant from •that time until 1881; and this action was brought to recover the $5 per week thus left in the hands of the defendant with interest. The defendant in his answer denied the…
2Cases cited3 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Guernsey v. CarverNew York Supreme Court · 1832
- Jex v. JacobNew York Supreme Court · 1879
3Cited by9 opinions
- Gedney v. . GedneyNew York Court of Appeals · 1899
- People v. RosanoAppellate Division of the Supreme Court of the State of New York · 1979
- Shook v. LyonNew York Court of Common Pleas · 1890
- In re the General Assignment for the Benefit of Creditors of Oakdale Woods, Inc.New York Supreme Court · 1960
- Butler v. StateCourt of Criminal Appeals of Texas · 1896
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