Mayor v. Fay
New York Supreme Court
Motion for a new trial after the direction of a verdict in-, favor of plaintiff upon exceptions to be heard in the first instance at General Term. The facts appear sufficiently in the opinion.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover a sum due upon a contract made between the plaintiffs and a co-partnership alleged to have been composed of James T. Keenan, the defendant’s testator, and one Thomas Nugent. The defendant by her answer having denied the co-partner•ship, it became necessary for the plaintiff to prove the same, and the only evidence which was offered to substantiate this allegation of the complaint was a portion of the answer of the present defendant as executrix in an action begun .against her by Nugent, in which she alleged on information and belief that the said Nugent and…
2Cases cited25 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Cook v. . BarrNew York Court of Appeals · 1870
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Fleischmann v. . SternNew York Court of Appeals · 1882
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