A Selection of Cases And Statutes On the Principles of Code Pleading With Notes

Cover A Selection of Cases And Statutes On the Principles of Code Pleading With Notes
A Selection of Cases And Statutes On the Principles of Code Pleading With Notes
Charles M Charles Mcguffey Hepburn
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As the new road was to b^ built to a large extent by aid furnished by tht; two solvent companies, they undertook to determine which should, as between themselves, liquidate the debts of the Atlantic & P-cific. To that end they made the schedule of debts and liabilities of the Atlantic & Pacific, before set out; but they were careful to say valid defences might exist as tosome of them. The San Francisco Company then agreed to and with the other companies first, 'to take up, pay and cancel and su...rrender canceled, to the party of the second part . ; Atlantic & Pacific Co. ), all the overdue coupons on the bonds of said party of the second 284 IN WHOSE NAME THE ACTION SHOULD BE BROUGHT.
CAMPBELL V. SMITH.
Court of Appeals of New York, October 2, 1877.
[71 N. Y. 26. ] Appeal from order of the General Term of the Supreme Court, revers- ing a judgment in favor of the defendant, entered upon a decision in a trial without a jur>-.^ This action was brought by plaintiff as assignee of a bond and mort- gage executed by Maria C.


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