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Abbott's Practice Cases Volume 11

Abbott's Practice Cases Volume 11


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... Knapp B. Brown. On appeal, the judgment was affirmed by the court at general term (4 Abb. Pr., N. 8., 34; S. C, 5 RobL, 457). The plaintiffs appealed to the court of appeals. W. D. White, for plaintiffs, appellants. F. C. Cantine, for defendants, respondents. Rapallo, J.--It was not made to appear that the defendants would, in refunding the money, be in any worse position than if it had never been paid. The plaintiffs supposed they had funds of Blagge & Co., which in fact they had not, and the money was paid and received as funds of Blagge & Co. Negligence in making the mistake does not prevent the party paying from recovering back the money, if the other party has not been prejudiced. The defect of parties is not such as could be taken advantage of in the absence of any objection by demurrer or answer. The foes of the sheriff, in so far as they were increased by the payment of the thousand dollars, should be allowed to the defendants. The j udgment should be reversed and a new trial ordered, with costs to abide the event. KNAPP against BROWN. Court of Appeals, MarcJi, 1871. Waiver Of Appeal.--Waiver Of Right To Dismissal.--Mechanic's Lien.--Interest Of Lessor.--Covenant For Repairs. Collecting by execution the amount of a judgment, is a waiver of an appeal prosecuted to procure a reversal of the judgment for alleged error. Compare Marvin c. Marvin, No. 2 p. 102 of this vol. Knapp v. Brown. The cases of Dyett v. Pendleton, 8 Cow., 325, and Clowes v. Dickenson, Id., 328, distinguished. Proposing amendments to the case made on an appeal, is not a waiver of the right to move for a dismissal of the appeal. Under the mechanic's lien law, relative to the city of New York, the interest of an owner who leases land and buildings with a covenant...


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Product Details
  • ISBN-13: 9781151234889
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 182
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1151234885
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 336 gr


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