Stratton v. Graham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth J. Graham, from part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 22d day of December, 1913, as amended by a judgment entered in said clerk’s office on the 9th day of January, 1914. The judgment was entered upon the verdict of a jury rendered by direction of the court.
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Appeal by the defendant, Elizabeth J. Graham, from part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 22d day of December, 1913, as amended by a judgment entered in said clerk’s office on the 9th day of January, 1914. The judgment was entered upon the verdict of a jury rendered by direction of the court. Appeal by the plaintiff, E. Platt Stratton, from so much of said judgment as finds that the defendant is entitled to the possession of certain diamonds now in the possession of the plaintiff, which diamonds are…
1Per curiam
To a complaint for money paid out for defendant’s use, a cause of action was counterclaimed for the return of certain diamonds alleged to have been deposited and held by plaintiff as collateral security. The answer alleged that the amount of plaintiff’s claim, with interest and costs, had been tendered to one of plaintiff’s attorneys, with a demand for a return of the collateral, which the attorney had declined. Upon a motion for judgment on the pleadings, the answer was held good, for such a tender was considered effective to discharge the lien, although made to an attorney and not to the…
2Cited by3 opinions
- McCoy v. BarclayAppellate Division of the Supreme Court of the State of New York · 1937
- Dobbins v. National Union InsuranceCivil Court of the City of New York · 1972
- LaRoche v. Liberty Bank & Trust Co.Supreme Court of Georgia · 1921