Porter v. Magnetic Separator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Magnetic Separator Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bew York on the 29th day of March, 1906, upon the verdict of a jury; also from an order entered in said clerk’s office on the 28th day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 18th day of April, 1906, granting the plaintiff…
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Appeal by the defendant, the Magnetic Separator Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bew York on the 29th day of March, 1906, upon the verdict of a jury; also from an order entered in said clerk’s office on the 28th day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 18th day of April, 1906, granting the plaintiff an extra allowance.
1Opinion of the Court
Patterson, J.:
In. an action for money loaned by one Clinton M. Ball, the plain-, tiff’s assignor, to the defendant, the plaintiff recovered a judgment, and from that judgment and from an order denying a motion to set aside a verdict and for a new trial, the defendant appeals. ■
It is alleged in the complaint that the loan was made on the 10th day of January, 1890,' and it is conceded in the record that the action was not brought until the 5'th day' of January, 1904. It is further alleged in the complaint that the loan was made upon an agreement that the money was to be used as working capital…
2Cases cited1 opinion
- Tebo v. . RobinsonNew York Court of Appeals · 1885
3Cited by1 opinion
- Pieczonka v. Pullman Co.Court of Appeals for the Second Circuit · 1939