Duffy v. Dawson
New York Court of Common Pleas
Appeal from city court, general term. Proceeding by Edward Duffy to determine priority of claim too certain fund. From an order of the general term of the city court, reversing an order of the special term denying Duffy’s right to the fund, (19 N. Y. Supp. 186,). Cornelius S. Evans and others, claimants of the fund, appeal. Affirmed.
1Opinion of the CourtBookstaver, J.
A clear understanding of the facts in this case is necessary in order to the solution of the questions raised on this appeal. From the papers it appears that Duffy was at one time the owner of a liquor store on the southeast corner of 104th street and 3d avenue in this city; that the same was purchased of him by the judgment debtor, D.awson; that, in part payment for that purchase, he gave the plaintiff Duffy a promissory note for $400. Before that note was paid, Dawson sold the store to Thomas Barry. At the time of the last sale, December 16, 1891, this note was unpaid, and was disputed by…
2Cases cited29 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Brown v. . NicholsNew York Court of Appeals · 1870
- Schmittler v. . SimonNew York Court of Appeals · 1886
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Holmes v. . EvansNew York Court of Appeals · 1891
24 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re CondonDistrict Court, S.D. New York · 1912
- In re SmithDistrict Court, N.D. New York · 1910
- First National Bank v. LovellNew York Supreme Court · 1931
- Berkman v. New York Produce Exchange BankCity of New York Municipal Court · 1917
- Rosenberg v. Gamma Chapter, Pi Lambda Phi Fraternity, Inc.City of New York Municipal Court · 1929
3 more not listed; retrieve them via the Exa API.