Loring v. Morrison
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alexander E. Morrison and another, from a judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 16th day of October, 1896, upon the verdict of a jury, rendered by direction of the court, in an action upon a promissory note, and also from an order entered, in said clerk’s office on the 9th day of December, 1896, denying the defendants’ motion for a new trial made…
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Appeal by the defendants, Alexander E. Morrison and another, from a judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 16th day of October, 1896, upon the verdict of a jury, rendered by direction of the court, in an action upon a promissory note, and also from an order entered, in said clerk’s office on the 9th day of December, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The action is brought upon a promissory note made by the defendants jointly. The answer sets up the defense that the note was given for the price of two cows sold by the plaintiff to the defendant Morrison under a certain warranty, and that the defend*499ant Murphy signed the note as surety at the request of and for the accommodation of Morrison, and claimed to recoup and counterclaim damages for the breach of the warranty.
The plaintiff’s reply admitted that the note was given for the price of the cows, but denied the warranty or that any damages were sustained by the defendants…
2Cases cited1 opinion
- Coffin v. . McLeanNew York Court of Appeals · 1880
3Cited by3 opinions
- Associated Food Stores, Inc. v. SiegelAppellate Division of the Supreme Court of the State of New York · 1960
- Loring v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1898
- Fox Chase Knitting Mills, Inc. v. HandalAppellate Division of the Supreme Court of the State of New York · 1931