Pease v. Barnett
New York Supreme Court
Motion by tbe defendant for a new trial on exceptions taken at tbe Monroe Circuit, and ordered to be beard at tbe General Term in tbe first instance, after a verdict bad been directed in favor of tbe plaintiff.
1Opinion of the Court
SMITH, P. J.:
Tbe action is upon a bond for tbe payment of money, executed by Davis Carpenter and Azubab, bis wife, tbe defendant’s testatrix, to tbe plaintiff. Tbe bond, which was produced at tbe trial, appeared on its face to have been altered by tbe insertion of a clause binding Mrs. Carpenter’s separate estate, and ■ tbe question litigated at the trial was whether tbe alteration was made before or after tbe bond was executed by her.
Tbe plaintiff was called as a witness in his own behalf, and testi*526fied in substance that ne was not present when the bond was signed, but that he saw it in the…
2Cases cited1 opinion
- Brague v. LordNew York Court of Appeals · 1876