Brown v. Powers
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, John Powers, for a new trial upon a ease containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff, rendered by direction of' the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought upon a judgment recovered on the 25th of September, 1878, by the Eleventh Ward Bank against the defendant — the plaintiff alleging that he is the assignee of the judgment creditor, by written assignment, a copy of which is annexed to and made a part of the.complaint. The defense relied upon is that the plaintiff is not the real party in interest; that while the judgment has, in form, been assigned to the plaintiff, it nevertheless, in fact, is owned by the bank; also that there is another action pending, brought by the bank against the defendant and…
2Cases cited1 opinion
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by15 opinions
- Titus v. WallickSupreme Court of the United States · 1939
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Greene v. McAuleySupreme Court of Kansas · 1905
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Borgos v. PriceNew York Supreme Court · 1931
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