Garlock v. Geortner
New York Supreme Court
Error from the Montgomery common pleas. Garlock sued Geortner in a justice’s court, and declared against him specially, that on the 24th November, 1827, on the settlement of an action of slander which he was prosecuting against Geortner, the latter agreed to pay him $50 for his damages, and to pay the costs of the suit; that Geortner drew a note for about $50, payable to the plaintiff, or to him or order, or bearer, with interest; which note he alleged to be then in the…
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Error from the Montgomery common pleas. Garlock sued Geortner in a justice’s court, and declared against him specially, that on the 24th November, 1827, on the settlement of an action of slander which he was prosecuting against Geortner, the latter agreed to pay him $50 for his damages, and to pay the costs of the suit; that Geortner drew a note for about $50, payable to the plaintiff, or to him or order, or bearer, with interest; which note he alleged to be then in the possession of the defendant, and which he required him to produce on the trial of the cause, or parol evidence of its…
1Opinion of the Court
By the Court,
Nelson, J.
The court erred in refusing to' admit the evidence offered to be given by the plaintiff; to account for not producing the note, the amount of which he was seeking to recover. The execution and delivery of the note by the defendant to the plaintiff was proved, and whether it was intended to be given up and relinquished by the plaintiff or not, when put in the defendant’s possession, should have been submitted to the jury. If the note was put by the plaintiff into the possession of the defendant through misapprehension, or ignorance of his rights, or for safe keeping…
2Cited by9 opinions
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- Sprague v. . HosmerNew York Court of Appeals · 1880
- Pons v. StateMississippi Supreme Court · 1873
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