Zimmer v. Hays
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel Hays and 'another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 26th day of November, 1895, from the decision of the court rendered after a trial at the Fulton Circuit before the court without a jury.
1Opinion of the Court
Herrick, J.:
This is an appeal from a judgment rendered upon a trial by the court without a jury, wherein it was adjudged that the plain tiff recover, from the defendants, possession of the property described in the complaint.
The plaintiff is the assignee for the benefit of the creditors of Hazard M. Templeton.
Prior to the 9th day of February, 1895, Templeton was indebted to the appellant Hays, upon paper which had been indorsed by said Hays, in the sum of about $2,000. Templeton, finding himself embarrassed in his business, made application to Hays for further *36assistance by money or…
2Cases cited8 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Tremaine v. . MortimerNew York Court of Appeals · 1891
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3Cited by1 opinion
- Baillargeon v. DumoulinAppellate Division of the Supreme Court of the State of New York · 1915