Legal Opinion

Ford v. David

The Superior Court of New York City

Decided October 17, 1857PublishedCited by 2 opinions

This action comes before the Court, on an appeal by the defendants from the whole judgment, and by the plaintiff, from a part of the judgment. It was tried before Mr. Justice Hoffman without a jury, in February, 1856. The judgment appealed from, was entered in December, 1856. The action was commenced about the 11th of April, 1854, by Samuel Ford, plaintiff, against Henry J. David, & Don. M. M. Turner, as defendants.

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This action comes before the Court, on an appeal by the defendants from the whole judgment, and by the plaintiff, from a part of the judgment. It was tried before Mr. Justice Hoffman without a jury, in February, 1856. The judgment appealed from, was entered in December, 1856. The action was commenced about the 11th of April, 1854, by Samuel Ford, plaintiff, against Henry J. David, & Don. M. M. Turner, as defendants. The original complaint alleged that, on and before the 24th of October, 1853, the plaintiff was proprietor of the Mercantile 'Hotel, consisting of Nos. 2, 4, 6, and 8 Warren…

1Opinion of the CourtBy the Court. Bosworth, J.

The judgment appealed from was rendered upon a trial of issues of fact joined between the plaintiff, and David, and Turner respectively, and upon determining, at the same time, the relief proper to be granted as against Townsend & Johnson, on overruling their demurrer to the original and supplemental complaint.

It is insisted that the Court erred at the trial, in refusing to permit the defendant Townsend to interpose an answer to the complaint at that time.

This demurrer was overruled on the 30th of March, 1855, but t liberty was given to him to answer the complaint in twenty days, upon payment…

2Cases cited3 opinions

  1. Halsey v. ReedNew York Court of Chancery · 1842
  2. King v. WhitelyNew York Court of Chancery · 1843
  3. Hoadley v. CuylerNew York Supreme Court · 1833

3Cited by2 opinions

  1. Smith v. . ZalinskiNew York Court of Appeals · 1884
  2. Platt v. McMurrayNew York Supreme Court · 1882

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