Macaulay v. Palmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The complaint alleged in substance that in 1863, plain tifiA firm owned 167 bales of cotton in Texas; that in November of that year said firm entered into a contract with defendant and one Kingsbury, whereby they “ jointly and severally ” agreed to sell the cotton, and after deducting twenty-five percent of the proceeds for their services, account for…
1Opinion of the Court
The following are extracts from the opinion:
“ It does not appear from the record that the Statute of Limitations was considered by the court below as constituting a defense. Both parties left Texas within, at most, a few months after the transaction. The plaintiff has never resided in New Jersey, and the deffendant did not remain in New York long fenough for the statute to run. As the statute does not seem to be made a ground of defense in the argument for the defendant, we may dismiss that branch of the case without further examination.
“ It does not appear that the alleged illegal character…
2Cases cited8 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Bean v. . TonneleNew York Court of Appeals · 1884
- Roberts v. Stuyvesant Safe Deposit Co.New York Court of Appeals · 1890
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
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3Cited by13 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Dowling v. . HastingsNew York Court of Appeals · 1914
- Wilson v. ElseSupreme Court of Iowa · 1927
- Sheldon v. HeatonNew York Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.