King v. Smith
New York Supreme Court
THIS was an appeal by the defendants from a judgment entered upon the report of a referee. The facts necessary to an understanding of the decision are sufficiently detailed in the opinion of the court.
1Opinion of the Court
By the Court, Parker, P. J.
It was alleged in the complaint that a certain contract was entered into on the 27th of December, 1847, between Dusenbury and Brockway, as set forth at length in the complaint. The contract purported to be signed and sealed by both and witnessed by Lucy Gould. The defendant admitted in his answer that a contract in writing was made between said Dusenbury and Brockway, on the 27th of December, 1847, but denied'that a true copy of the contract was set forth in the complaint, and averred that a true copy was, annexed to the answer. It was also alleged in the complaint,…
2Cases cited1 opinion
- Willoughby v. CarletonNew York Supreme Court · 1812
3Cited by1 opinion
- Hodnett v. SmithThe Superior Court of New York City · 1870