Bank of British North America v. Delafield
New York Supreme Court
Appeal from circuit court, New York county. Action by the Bank of British North America against Richard Delafield to recover the sum of $25,000. From a judgment dismissing the complaint, with costs, entered on a verdict directed by the ■court, and from an order denying a motion for a new trial, made •■on the minutes, plaintiff appeals. Affirmed.
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Appeal from circuit court, New York county. Action by the Bank of British North America against Richard Delafield to recover the sum of $25,000. From a judgment dismissing the complaint, with costs, entered on a verdict directed by the ■court, and from an order denying a motion for a new trial, made •■on the minutes, plaintiff appeals. Affirmed. December 31, 1883, William T. Coleman, Frank S. Johnson, and Carleton -C. Coleman, of San Francisco, and Richard Delafield, of New York, executed .a contract by which they became partners under the firm name of William T. Coleman & Co., for the…
1Opinion of the CourtFollett, J.
Neither party requested that any question of fact, other than the one embraced in the finding, be submitted to the jury, and no objection was raised to the form of the finding. The only questions involved in this appeal are: (1) Was the answer to the question contrary to the weight of evidence? (2) Were errors committed in the reception or rejection of evidence? (3) Did the court err in refusing to charge the jury that the plaintiff might recover in case the defendant was not entitled, under the state of the accounts, to withdraw $25,000 from the firm’s assets on the 31st of December, 1887,…
Also in this document: Concurrence.
2Cited by2 opinions
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