Lewando v. Dunham
New York Court of Common Pleas
Appeal by, defendants from a judgment of tbe Marine Court. This action was brought by the plaintiff, as assignee of one 0. ^f>glie, to recover the value of a trunk and contents from the defendants, who were owners of the ship “Harmonía,” on board which it was shipped by 0. Broglie at Havre, to be carried to New York, it never having been delivered there.
Read the full summary
Appeal by, defendants from a judgment of tbe Marine Court. This action was brought by the plaintiff, as assignee of one 0. ^f>glie, to recover the value of a trunk and contents from the defendants, who were owners of the ship “Harmonía,” on board which it was shipped by 0. Broglie at Havre, to be carried to New York, it never having been delivered there. The assignor .being placed on the stand as a witness, proved an assignment in writing and under seal, by himself to the plaintiff; but, upon cross-examination, testified that he received $100 as the consideration for the assignment, and that…
1Opinion of the CourtBeady, J.
Broglie, the assignor, stated, on his cross-examination, that he received, as a consideration for the assignment of bis claim against the defendants, the sum of $100, and that the plaintiff, to whom the claim was assigned, and the assignor’s brother-in-law were to have one-half of the judgment. The de*115fendants moved for a nonsuit, on tbe ground that the action should have been brought in the name of the real parties in interest. The objection was well taken, and the complaint should have been dismissed.
The assignment to the plaintiff was under seal, it is true, but no objection to the…
2Cited by1 opinion
- Robbins v. DeverillWisconsin Supreme Court · 1865