Legal Opinion

Lytle v. Crawford

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

Decided July 1, 1902PublishedCited by 6 opinions

Appeal by the plaintiffs, Bobert A. Lytle and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 11th day of June, 1901, upon the verdict of a. jury, rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of June, 1901, denying the plaintiffs’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s…

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Appeal by the plaintiffs, Bobert A. Lytle and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 11th day of June, 1901, upon the verdict of a. jury, rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of June, 1901, denying the plaintiffs’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 26th day of June, 1901, denying the plaintiffs’ motion to amend the judgment entered as aforesaid.

1Opinion of the Court

Hatch, J.:

This action is brought to recover for money had and. received by the defendants for the plaintiffs’ use, and the complaint contains appropriate averments .to state such' cause of action. .

The answer, after admitting the copartnership of the respective parties as averred in the complaint, denies the allegation of any sum due from the defendants to the plaintiffs. The answer then sets up counterclaims upon three separate promissory notes, executed by the plaintiffs, which were held and owned by the defendants, and demands judgment that the complaint be dismissed and that the…

2Cases cited8 opinions

  1. McKyring v. . BullNew York Court of Appeals · 1857
  2. Mandeville v. . ReynoldsNew York Court of Appeals · 1877
  3. Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
  4. Milbank v. . JonesNew York Court of Appeals · 1894
  5. Durfee v. AbbottMichigan Supreme Court · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re the Estate of LarneyNew York Surrogate's Court · 1933
  2. Chapman v. L. E. Waterman Co.Appellate Division of the Supreme Court of the State of New York · 1917
  3. In re the Estate of HydeNew York Surrogate's Court · 1941
  4. Franck v. Byron W. Greene, Jr., Co.Appellate Division of the Supreme Court of the State of New York · 1910
  5. Jones v. Perry, New York County Courts1926

1 more not listed; retrieve them via the Exa API.

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