Scoville v. . Landon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the eighth judicial district, affirming an order denying a motion for a new trial made on the ground of newly discovered evidence; also appeal from. judgment affirming judgment in favor of plaintiffs entered upon a verdict. The action was brought upon a promissory note made by George Bunce, payable to Samuel C. Scoville or order.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the eighth judicial district, affirming an order denying a motion for a new trial made on the ground of newly discovered evidence; also appeal from. judgment affirming judgment in favor of plaintiffs entered upon a verdict. The action was brought upon a promissory note made by George Bunce, payable to Samuel C. Scoville or order. The note was indorsed by defendants for the accommodation of Bunce before delivery to the payee, and the ground of defence was that time of payment had been extended without the consent of defendants.…
1Opinion of the Court
Allen, J.,
read opinion for dismissal of appeal from order and for reversal of judgment and granting new trial.
All concur for dismissal of appeal from order, and all concur for reversal, except Groves, J., who dissents upon the ground that it did not sufficiently appear by the evidence that the executor, by whom it .is claimed the agreement was made to extend time of .payment, had it in his possession at the time, or that the maker, in making the agreement, relied upon such possession or evidence of ownership.
Appeal from order dismissed, and judgment reversed and new trial granted.
2Cited by6 opinions
- Sterling Mills, Inc. v. Saginaw Milling Co.Supreme Court of North Carolina · 1922
- Ensign v. HookerCity of New York Municipal Court · 1896
- Streep v. McLoughlinAppellate Terms of the Supreme Court of New York · 1901
- Gibbes v. ElliottSupreme Court of South Carolina · 1876
- Merritt v. ColeNew York Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.