Hunting v. . Blun
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which denied a motion by defendant for a new trial and directed judgment in favor of plaintiff upon the verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion for a non-suit.
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Appeal from, order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which denied a motion by defendant for a new trial and directed judgment in favor of plaintiff upon the verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion for a non-suit. (Laws of 1848, chap. 40, § 24; Dean v. Mace, 19 Hun, 391; Farnsworth v. Wood, 91 N. Y. 308; Crippin v. Hudson, 13 id. 161; R. M. N. Bank, v. Bliss, 89 id. 338; Code Civ. Pro. §…
1Opinion of the CourtFinch, J.
The plaintiff as assignee of certain employees of an insolvent corporation sued the defendant, a stockholder, for the amount of their unpaid wages. It was necessary for the plaintiff to prove the condition precedent attached by the law to his right of action that judgment upon the demand had been rendered against the corporation, and execution thereon had been returned unsatisfied. He proved such a judgment, obtained in the Auburn City Court, but the corporation was located out of the city, and the judgment was held to be a nullity for want of jurisdiction in the local court. The plaintiff…
2Cases cited1 opinion
- Hardman v. . SageNew York Court of Appeals · 1891
3Cited by15 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Buttles v. SmithNew York Court of Appeals · 1939
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
- Bennett v. ThorneWashington Supreme Court · 1904
- Jones v. . BlunNew York Court of Appeals · 1895
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