Legal Opinion

Binney v. LeGal

New York Supreme Court

Decided April 9, 1855PublishedCited by 12 opinions

ÁPPEAL from an order made at a special term, setting aside the judgment and execution, as against the defendant Bouland.

1Opinion of the Court

By the Court,

Mitchell, J.

The defendants are partners, and (so far as the affidavits show) are indebted to the plaintiff for moneys of his, applied to the use of the firm by the concurrence of both defendants. A summons in this action was served on LeGral on the 20th of February, 1854, and on Bouland on the same or the next day. On the 22nd LeGral alone, but in the name of the firm, and signing for both defendants, made á written offer that the plaintiff might take judgment for $1000, interest, and costs. This was accepted on the 24th, and on the same day judgment was entered and execution…

2Cases cited1 opinion

  1. Everson v. GehrmanNew York Supreme Court · 1854

3Cited by12 opinions

  1. Bank of Shelton v. WilleyWashington Supreme Court · 1893
  2. Bridenbecker v. JohnsonNew York Supreme Court · 1858
  3. Garrison v. GarrisonNew York Supreme Court · 1884
  4. Lahey v. KingonNew York Supreme Court · 1861
  5. Rich v. RobertsCity of New York Municipal Court · 1890

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