Arend v. . Smith
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 26, 1894-, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in directing a verdict for the plaintiff and refusing to submit the evidence to the jury.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 26, 1894-, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in directing a verdict for the plaintiff and refusing to submit the evidence to the jury. (L. 1890, cli. 565, § 2; L. 1850, cli. 140, § 5 ; Cliitty on Cont. 29 ; 1 Pars, on Cont. 439 ; Pollock on Cont. [4th ed.] 177, 178; Miller v. Drake, 1 Caines, 45.) There was no…
1Opinion of the CourtVann, J.
' On the seventeentli of February, 1893, the plaintiff was president of a railroad corporation to_which the defendant was indebted in the sum of $1,000, then past due, upon a subscription for stock issued to him by the company. The plaintiff, as president, demanded payment of the sum subscribed, and threatened suit by the company in case it was not paid, as he had on one occa-sion about a month before. The defendant said that he had plenty of property, but owing to the hard times he had no money, and could not then pay the debt. The plaintiff asked him for his note and said that he could get…
2Cases cited1 opinion
- Robinson v. . JewettNew York Court of Appeals · 1889
3Cited by18 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Carpenter v. . TaylorNew York Court of Appeals · 1900
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Zervos v. S.S. Sam HoustonDistrict Court, S.D. New York · 1976
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