Morgan v. Woodruff
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The facts are stated in the opinion. The contract on which this judgment was recovered was an agreement to pay $1,000 of the fees due plaintiff from Homer Cook, his client, in Chicago. This is clear and uncontradicted from the pleadings and from the evidence.
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Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The facts are stated in the opinion. The contract on which this judgment was recovered was an agreement to pay $1,000 of the fees due plaintiff from Homer Cook, his client, in Chicago. This is clear and uncontradicted from the pleadings and from the evidence. Upon the evidence and the pleadings there can be no question that plaintiff’s recovery, if he is entitled to any, must be upon the…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The jury have found against the defendant on the facts, which, upon their finding, are as follows:
The plaintiff was employed by Homer Cook, of Chicago, the assignee for a bankrupt institution, to bring an action in this state against George C. Smith to recover $158,601.83, which action was brought in the Supreme Court. Smith was arrested in the action and held to bail in $200,000, which was subsequently reduced to $100,000, and the defendant, Woodruff, and another party became his bail. Smith being released from custody, returned to Chicago, where he was…
2Cases cited1 opinion
- Duffy v. . WunschNew York Court of Appeals · 1870
3Cited by1 opinion
- Barber Asphalt Paving Co. v. BrandNew York Supreme Court · 1889