Richard v. Connecticut Electric Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Connecticut Electric Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 5th day of October, 1921, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 21st day of October, 1921, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Connecticut Electric Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 5th day of October, 1921, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 21st day of October, 1921, denying defendant’s motion for a new trial made upon the minutes. The amended complaint contains five counts. The first four are to recover on four bills of exchange for $1,831.75, each dated “ New York, May 26th,…
1Opinion of the Court
Laughlin, J.:
The verdict was directed for the amount of the bills of exchange and interest, and not for the amount which the plaintiffs paid to the defendant, evidenced by the checks, which was $219.81 less; but the record does not show on which theory the court deemed the plaintiffs entitled to recover. The principal contention of the respondents is, however, that the judgment can be sustained on the theory that the recovery was for a loan of money; and their counsel argues that this is shown by the fact that the checks were delivered to the defendant and paid some days before the date of…
2Cases cited2 opinions
- Hill v. . BeebeNew York Court of Appeals · 1856
- Greenwich Insurance v. Oregon Improvement Co.New York Supreme Court · 1894
3Cited by4 opinions
- Helvering v. SteinCourt of Appeals for the Fourth Circuit · 1940
- Mexico v. MunzerNew York Supreme Court · 1946
- Richard v. American Union BankNew York Supreme Court · 1924
- Auerbach v. BarrettAppellate Division of the Supreme Court of the State of New York · 1925