Hyperlawhypertext legal database Duryea v. Mackey 26 N.Y.S. 1120

← Cases

Duryea v. Mackey

26 N.Y.S. 1120 Court N.Y. Gen. Term Decision date 1893-12-01 English

Delivered by PRATT, J.

Contents

Majority

p. 1120
DURYEA, Respondent, v. MACKEY et al., Appellants.
(Supreme Court, General Term, Second Department.
December 1, 1893.)

Headnote

Action by George Duryea against John Mackey and others.
J. M. & T. B. Seaman, for appellant John Mackey.
Nathan Comstock, for appellants Jacob Mackey and Freelove Lewis.
E. T. Payne, (Oscar Frisbie, of counsel,) for respondent.

There can be no question of the justice of the decree appealed from. The plaintiff advanced the money with the knowledge and consent of the defendants. It was used for their benefit, and they still enjoy the advantages by it procured. As remarked by the trial judge, they are in no-position to dispute the validity of the loan. Judgment affirmed, with costs.