Orvis v. . Curtiss
New York Court of Appeals
Appeal, by permission, from an order of the General Term of the late Court of Common Pleas for the city and county of • Mew York, entered May 10, 1895, reversing a judgment of a District Court of the city of Mew York in favor of plaintiff, and granting a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The transaction between, the parties was a partnership transaction and not a loan. (17 Am. & Eng.
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Appeal, by permission, from an order of the General Term of the late Court of Common Pleas for the city and county of • Mew York, entered May 10, 1895, reversing a judgment of a District Court of the city of Mew York in favor of plaintiff, and granting a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The transaction between, the parties was a partnership transaction and not a loan. (17 Am. & Eng. Ency. of Law, 854; Musier v. Trumpbour, 5 Wend. 275; Munro v. Whitman, 8 Hun, 553; Richards v. Grinnell, 63 Iowa, 44; Reid v. Hollinshead, 4 B. &…
1Opinion of the CourtO’Brien, J.
This action was originally brought in a District Court of the city of New York to recover one hundred dollars, being six months’ interest upon a promissory note of four thousand dollars, made by the defendant on the third day of January, 1893, and payable to the order of the plaintiff three years after date, with semi-annual interest at five per cent. While the action nominally involves only the interest on this note for six months, yet it in effect, from the nature of the defense, involves the right of the plaintiff to recover the principal sum, as well as the interest. The pleadings in the…
2Cases cited6 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Richardson v. . HughittNew York Court of Appeals · 1879
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Meaker v. . FieroNew York Court of Appeals · 1895
- Hackett v. . StanleyNew York Court of Appeals · 1889
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- Rehnberg v. Minnesota Homes, Inc.Supreme Court of Minnesota · 1952
- Goodman v. OlsenSupreme Court of Florida · 1974
- Clemens v. CraneIllinois Supreme Court · 1908
- Colonial Funding Network, Inc. v. Epazz, Inc.District Court, S.D. New York · 2017
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