East New York & Jamaica Railroad v. Lighthall
The Superior Court of New York City
' Appeal from a judgment and order. The action was "brought Tby the East New York and Jamaica Railroad Company against William A. Light-hall, to recover the amount of a subscription made by the defendant to the capital stock of the plaintiffs. The defense was payment.
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' Appeal from a judgment and order. The action was "brought Tby the East New York and Jamaica Railroad Company against William A. Light-hall, to recover the amount of a subscription made by the defendant to the capital stock of the plaintiffs. The defense was payment. It was proved that the subscription was made in July, 1866. The defendant testified that, about the 1st of November, one Degrauw, the president of the plaintiffs’ company, came on board the cars at Jamaica, and asked the defendant if he would sell him coal stock. Defendant replied he would upon one condition. That he owed the…
1Opinion of the Court
By the Court. —Monell, J.
—The question which was submitted to the jury in this case was, whether Degrauw agreed with the defendant to receive the coal stock in payment for his subscription ; and they were instructed that if they so found, the agreement was binding upon the plaintiffs.
*461If it was proper to submit such question to the jury, them verdict cannot be disturbed. The evidence was conflicting, and therefore not open for review upon these appeals.
But it is claimed that, notwithstanding Degrauw's agreement, the receipt of the coal stock by him was not payment to the plaintiff, for two…
2Cases cited6 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
- Magee v. Badger & PotterNew York Supreme Court · 1859
- Sharp v. Mayor of New YorkNew York Supreme Court · 1863
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