Carnwright v. . Gray
New York Court of Appeals
Xppeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 24,1890, which affirmed a judgment in favor of jilaintiffi entered upon a verdict and affirmed an order denying a motion for a new trial.
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Xppeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 24,1890, which affirmed a judgment in favor of jilaintiffi entered upon a verdict and affirmed an order denying a motion for a new trial. The action was 'brought to recover upon a written instrument, of which the following is a copy : “ Quarryville, September 2, 1871. “Thirty days after death, I promise to pay to Cornelius Carnwright fifteen hundred dollars, with interest. “ SAMUEL P. FRELIGH.” The plaintiff gave no evidence of the transaction out of which the…
1Opinion of the CourtBbown, J.
When the plaintiff rested his case and again at the close of the testimony the defendant moved to dismiss the complaint upon the ground that no proof had been given that the instrument sued upon had any consideration. These motions were denied and the court instructed the jury that the instrument was a promissory note and imported a consideration, and that the burden rested npon the defendants to show that it was without a consideration.
The exceptions to these rulings present the principal question argued upon this appeal.
The statute of this state in reference to promissory notes-provides as…
2Cases cited10 opinions
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- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Bank of Troy v. ToppingNew York Supreme Court · 1832
- Coolidge v. RugglesMassachusetts Supreme Judicial Court · 1819
- Dean v. CarruthMassachusetts Supreme Judicial Court · 1871
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3Cited by57 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Hegeman v. . MoonNew York Court of Appeals · 1892
- Kerrigan's Estate v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Third Circuit · 1952
- Putnam v. . Lincoln Safe Deposit Co.New York Court of Appeals · 1908
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