Finch v. . Parker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term, and affirming an order denying a motion for farther findings of fact.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term, and affirming an order denying a motion for farther findings of fact. The action was brought for the specific performance of a contract alleged to have been executed March 26th, 1859, between William W. Young and defendant, and assigned by Young to plaintiff', March 29th, 1872. The court found, substantially, the following facts. That the defendant and Young purchased, in the year 1855, on joint…
1Opinion of the CourtGrover, J.
The plaintiff not having given notice to the defendant of the assignment of the contract by Young to him, and the defendant having no knowledge thereof, plaintiff is bound by the subsequent acts and dealings between ,the defendant and Young in relation thereto. The judge finds, in effect, that no such contract as is alleged in the complaint was ever made between Young and the defendant. This finding is sustained by the positive testimony of the defendant, which was corroborated by the testimony of the witness, Guernsey, and by various circumstances proved by other evidence. In his third…
2Cases cited1 opinion
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
3Cited by24 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Kain v. . SmithNew York Court of Appeals · 1880
- McCreery v. FullerCalifornia Supreme Court · 1883
- Bank of United States v. National City BankNew York Supreme Court · 1924
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