Alexander v. Bennett
The Superior Court of New York City
Appeal from an order directing the removal of this-action from this court, for trial, in the marine court of" the city of New York. Heard at the November general term, 1874, before all the judges, except Judge Freedman, from whose order the appeal was taken. The action was for the recovery of the sum of two thousand seven hundred dollars, the balance unpaid. of a loan from the plaintiff to the defendant of four-thousand five hundred dollars.
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Appeal from an order directing the removal of this-action from this court, for trial, in the marine court of" the city of New York. Heard at the November general term, 1874, before all the judges, except Judge Freedman, from whose order the appeal was taken. The action was for the recovery of the sum of two thousand seven hundred dollars, the balance unpaid. of a loan from the plaintiff to the defendant of four-thousand five hundred dollars. The answer was a general denial, and a counterclaim of three hundred dollars. Upon the following affidavit, and upon the motion of the plaintiff, and…
1Opinion of the Court
By the Court.—Monell, Ch. J.
The legislature of 1874 (ch. 545, Laws of 1874) passed an act entitled “An act in relation to the marine court of the city of New York,” the fourth section of which is as follows : .
“ Any other court of record may, in its discretion, by an order to be entered on its minutes after the joining of issue, send any action pending therein, or that may hereafter be brought therein, to the said marine court for trial; and a certified copy of such order shall be delivered to and filed with the clerk of said marine1 court, and be entered by him on its minutes, and,…
2Cases cited4 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Illius v. . the New-York and New Haven Railroad Co.New York Court of Appeals · 1856
- McIyor v. McCabeThe Superior Court of New York City · 1863