Garvey v. . Jarvis
New York Court of Appeals
Appeal from judgment of the General Term of the first judicial district, affirniing judgment entered upon decision of court dismissing plaintiff’s complaint.
Read the full summary
Appeal from judgment of the General Term of the first judicial district, affirniing judgment entered upon decision of court dismissing plaintiff’s complaint. The court found the following facts: That about the 1st day. of November, 1861, the defendant, Malcolm, recovered a judgment against the plaintiff and one Peter Ziglio for $2,202.90, which he still ownéd in January, 1867, there having been a sum of $200, paid upon it by Garvey, in October 1866, the balance remaining unpaid. That in January, 1867, Malcolm promised plaintiff, that he would satisfy and discharge said judgment against him…
1Opinion of the Court
The judge before whom this action was tried found, as facts, that one Malcolm held a judgment against the plaintiff for upward of $2,000, and had told the plaintiff, that he would discharge it for $500, but the plaintiff had not accepted the offer; that the defendant (who was a stranger to the plaintiff), having learned of the willingness of Malcolm to discharge the judgment for that sum, applied to him, and by the false representation, that he came from and was a friend of the plaintiff, induced Malcolm to assign the judgment to him, for which he paid $500, and the plaintiff now claims the…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Moses v. MurgatroydNew York Court of Chancery · 1814
- Sweet v. JacocksNew York Court of Chancery · 1837
- Shepherd v. M'EversNew York Court of Chancery · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Suhre v. BuschSupreme Court of Missouri · 1938
- Felix v. PatrickU.S. Circuit Court for the District of Nebraska · 1888
- Lerand Corporation v. MeltzerNew York Court of Appeals · 1935
- Virginia Pocahontas Coal Co. v. LambertSupreme Court of Virginia · 1907
- Martin v. RutledgeSupreme Court of Vermont · 1920
3 more not listed; retrieve them via the Exa API.