Legal Opinion

Brown v. Powers

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 15 opinions

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

  1. Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876

3Cited by15 opinions

  1. Titus v. WallickSupreme Court of the United States · 1939
  2. Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
  3. Greene v. McAuleySupreme Court of Kansas · 1905
  4. Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
  5. Borgos v. PriceNew York Supreme Court · 1931

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