People ex rel. Stanton v. Tioga C. P.
New York Supreme Court
A writ of alternative mandamus having issued, commanding the Tioga C. P. to vacate a rule between Jesse Thomas, plaintiff, and James Lounsberry, defendant, denying a motion made to vacate the entry of satisfaction acknowledged by Thomas and to grant the motion: the common pleas returned, that at the July term, 1836, of that court, Thomas recovered a verdict of -$550 damages against Lounsberry in an action on the case for debauching the plaintiff’s servant, and that judgment…
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A writ of alternative mandamus having issued, commanding the Tioga C. P. to vacate a rule between Jesse Thomas, plaintiff, and James Lounsberry, defendant, denying a motion made to vacate the entry of satisfaction acknowledged by Thomas and to grant the motion: the common pleas returned, that at the July term, 1836, of that court, Thomas recovered a verdict of -$550 damages against Lounsberry in an action on the case for debauching the plaintiff’s servant, and that judgment was duly satisfied of record on a satisfaction piece acknowledged by him ; that on a motion made to vacate the…
1Opinion of the Court
By the Court,
Cowen, J,
The questions are, 1. Whether, admitting this claim for the wrong done to Thomas to be assignable, the sealed instrument was operative as an assignment ; and 2. If so, whether such a claim be assignable.
Looking at the facts recited in the power of attorney and the provisions to save Thomas harmless, no one can doubt that the object and intent of the power of attorney was to assign all Thomas’ interest to Stanton, the relator, to whom in conscience it belonged. He was the real sufferer, and the plaintiff did a just and generous act in giving such a power. No two persons…
2Cases cited8 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Gardner v. AdamsNew York Supreme Court · 1834
- Shoemaker v. KeelySupreme Court of the United States · 1793
- Case of ClarkIndiana Supreme Court · 1821
- North v. TurnerSupreme Court of Pennsylvania · 1823
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3Cited by63 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
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