Wallace v. Jones

Full title: GEORGE WALLACE, Appellant, v . WILLIAM H. JONES et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Mar 16, 1909

195 N.Y. 511 (N.Y. 1909)

88 N.E. 1134

Opinion

Argued February 25, 1909

Decided March 16, 1909

Thomas Young for appellant.

James W. Treadwell and Fred Ingraham for respondents.

Judgment affirmed, with costs, on the ground that the money having been paid before the action was commenced, no action for its recovery against the defendants jointly could be maintained unless on proof of collusion on the part of those defendants who did not receive the money; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ.