Legal Opinion · Dissent

Frazier v. Gibson

New York Supreme Court

Decided September 15, 1878Published

Appeal from a judgment of the County Court of Ulster county, reversing a judgment of a Justice’s Court in favor of the plaintiffs; The action was brought upon a claim against the defendant, held by one Bogart, and by him assigned to the firm of L. S. Lawrence & Co., which was composed of the two plaintiffs and L. S. Lawrence.

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Appeal from a judgment of the County Court of Ulster county, reversing a judgment of a Justice’s Court in favor of the plaintiffs; The action was brought upon a claim against the defendant, held by one Bogart, and by him assigned to the firm of L. S. Lawrence & Co., which was composed of the two plaintiffs and L. S. Lawrence. The defendant moved, in the Justices’ Court, for a nonsuit, on the ground that Lawrence should have been named as a plaintiff, which motion was denied and judgment rendered in favor of the plaintiff, which was reversed on appeal to the County Court. The defect of parties…

1DissentTapp an, J.

(dissenting):., ■ This is an appeal from a judgment, of the Ulster County Court, reversing a judgment of a Justice’s Court in that county in favor of the appellants, rendered September 16, 1876, for $39.90 damages and costs.

On October 20, 1871, one Adam" W. Bogart, a lithographer residing in the city of New York, applied to the defendant, a soap *41manufacturer at Kingston, at Ms soap works in that city, in relation to lithograpMng his business card on tin. The defendant ' and his son, R. A. Gibson, were present. Defendant then executed and delivered to said Bogart, the following paper, viz:

'•“Ki…

2Cases cited5 opinions

  1. Simar v. . CanadayNew York Court of Appeals · 1873
  2. Cook v. Ferral's AdministratorsNew York Supreme Court · 1835
  3. Rice v. HollenbeckNew York Supreme Court · 1855
  4. Mayhew v. RobinsonNew York Supreme Court · 1854
  5. Palmer v. EvertsonNew York Supreme Court · 1823

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