Wetmore v. . Hegeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 16, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. This action could only be revived in the names of the real parties in interest, Therasson & Bryan.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 16, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. This action could only be revived in the names of the real parties in interest, Therasson & Bryan. (Phillips v. Melville, 10 Hun, 211; Code, §§ 755-757; Hubbell v. Medbury, 53 N. Y. 98-102.) Upon the death of the trustee the trust vested in the Supreme Court if at all. (Curtis v. Smith, 60 Barb. 13; Phelps v.…
1Opinion of the CourtEarl, J.
The merits of the original action are not involved upon this appeal. It is not disputed that the amount reported by the referee in that action is due from the defendant to some one; but the claim made on his behalf is that it is not due to the plaintiff, and this claim will be first considered.
The original claim was for money due to the firm of Campbell & Moody, who were the original plaintiffs in the action, from Charles Kelsey, who was the original defendant. The money claimed in the action was due upon a contract between Campbell & Moody of the one part and Kelsey of the other. The action…
2Cases cited2 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
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- Browning v. . MarvinNew York Court of Appeals · 1885
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Meeker v. WaldronNebraska Supreme Court · 1901
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