Furniss v. Ferguson
The Superior Court of New York City
This action was brought to recover damages sustained by reason of the sale and assignment by the defendant to the plaintiff of a judgment obtained by a third party (Brown) against another person (Wyman) in the state of Alabama, after the collection by the plaintiff in such judgment against the defendant therein of nearly a thousand dollars, without disclosing the fact of such collection.
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This action was brought to recover damages sustained by reason of the sale and assignment by the defendant to the plaintiff of a judgment obtained by a third party (Brown) against another person (Wyman) in the state of Alabama, after the collection by the plaintiff in such judgment against the defendant therein of nearly a thousand dollars, without disclosing the fact of such collection. The judgment was for a considerably larger 'sum ($6575) and recovered in the year 1838; in which year such moneys were also so collected. The judgment remained under the control of the attorney by whom it was…
1Opinion of the Court
By the Court, Robertson, Ch. J.
An inquiry into the grounds of the decision of the Court of Appeals in favor of the liability of the defendants, when this case was formerly before them, (15 N. Y. Rep. 437,) is only profitable or material in order to determine the proper measure of damages, which would vary according to the mode in which the defendants are made liable, if, upon a warranty of title, they are not to be made so beyond the consideration paid, which becomes virtually thereby a standard. But their title to the judgment, as a subsisting one, has not failed at all, although their right…
2Cases cited1 opinion
- Furniss v. . FergusonNew York Court of Appeals · 1857
3Cited by1 opinion
- Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915