Maguire v. Durant

City of New York Municipal Court

Maguire v. Durant

1 Misc. 509, 20 N.Y.S. 617, 48 N.Y. St. Rep. 937

DecidedOctober 15, 1892

StatusPublished

This text of 1 Misc. 509 (Maguire v. Durant) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maguire v. Durant, 1 Misc. 509, 20 N.Y.S. 617, 48 N.Y. St. Rep. 937 (N.Y. Super. Ct. 1892).

Pincite

Opinion

Ehrlich, Ch. J.

The questions involved were purely those of fact, which the jury, on satisfactory evidence, disposed of’ adversely to the defendant. The bringing of the suit was a sufficient demand for the money claimed. The price had been [510]*510agreed upon, and it was the defendant’s duty to have found the plaintiff and tendered the specific sum due. In this respect the case differs from Bunn v. Lett, 47 N. Y. St. Repr. 77, which is, therefore, inapplicable. No error was committed at the trial, and the judgment appealed from must be affirmed, with costs.

Van Wyok and McCarthy, JJ., concur.

Judgment affirmed.

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Ehrlich, Ch. J.

The questions involved were purely those of fact, which the jury, on satisfactory evidence, disposed of’ adversely to the defendant. The bringing of the suit was a sufficient demand for the money claimed. The price had been [510]*510agreed upon, and it was the defendant’s duty to have found the plaintiff and tendered the specific sum due. In this respect the case differs from Bunn v. Lett, 47 N. Y. St. Repr. 77, which is, therefore, inapplicable. No error was committed at the trial, and the judgment appealed from must be affirmed, with costs.

Van Wyok and McCarthy, JJ., concur.

Judgment affirmed.

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Bluebook (online)

1 Misc. 509, 20 N.Y.S. 617, 48 N.Y. St. Rep. 937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maguire-v-durant-nynyccityct-1892.