Darragh v. Ross
New York Supreme Court
Appeal from judgment in favor of plaintiff and from order denying motion for a new trial. Action for money had and received by defendant for the use of plaintiff. The defendant’s witness, Vernam, on cross-examination testified that in the transactions in controversy he was acting for plaintiff and her husband. Thereafter, on the examination Or plaintiff’s husband, he was allowed to testify that Vernam had no such authority.
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Appeal from judgment in favor of plaintiff and from order denying motion for a new trial. Action for money had and received by defendant for the use of plaintiff. The defendant’s witness, Vernam, on cross-examination testified that in the transactions in controversy he was acting for plaintiff and her husband. Thereafter, on the examination Or plaintiff’s husband, he was allowed to testify that Vernam had no such authority. The charge excepted to is : “ That is, having this mort- gage for $3,500 either upon this or upon other property, if Mr. Reuben Ross received $1,700 and agreed to apply it…
1Opinion of the CourtBarnard, P. J.
This action is brought to recover for money had and received by the defendant for plaintiff’s use.
The amount claimed is made up of four different sums amounting to $11,515, upon which a payment is acknowledged in the complaint of $4,000, leaving a balance of $7,515.
The answer is a general denial and payment. The evidence shows that the plaintiff was the owner of lands at Rockaway, and she sold a part of it to Bester and Mayer, , and another portion to a Mr. Shear. The B ester and Mayer sale required the payment of a $1,300 mortgage on the property to give them a clear title. The plaintiff…
Also in this document: Concurrence.
2Cases cited10 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Pollock v. . PollockNew York Court of Appeals · 1877
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
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