Volume 5 — New York Transcript Appeals (1867–1868)

<p> Execution—Satisfaction. </p>

<p>Conflict of Evidence—Submission to -Ju/ry.</p> <p>Where there is a conflict of evidence on an essential point, the case is properly submitted to the jury,</p>

This is an action of ejectment brought by the Plaintiffs, as trustees, to recover possession of a piece of land in Bath, claimed to belong to District No. 5, and was commenced in February, 1859. The action was tried at April Circuit, 1860, before the Court, without a jury. The Judge found for Plaintiffs, and judgment was entered in favor of Plaintiffs, with costs.

<p>Practice-—Supplementary Proceedings—Transcript of- Judgment—Execution— . - Residence of Judgment-Debtor—Husband and Wife—- Witness.</p>

<p> Promissory Note—Endorsement—Fraudulent Representations. </p>

<p> Co-partnership—Dissolution—Notice to Dealers. </p> <p>The law does not determine the exact kind of notice to be given to the creditors of a firm, of the dissolution of a partnership. The law intends that the creditor shall have notice of the dissolution; therefore any act from which it can fairly be inferred the creditor had such notice, is proper to be given to the jury.</p>