Legal Opinion

Bush v. Gilmore

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 9 opinions

Appeal by the defendants, John Gilmore and another, as executors, etc., of William Gilmore, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the. office of the clerk of the county of Delaware on the 14th day of September, 1898, upon the verdict of a jury rendered by direction of the court, specific questions of fact having been submitted to them by the court, and also from an order entered in said clerk’s office on the 8th day…

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Appeal by the defendants, John Gilmore and another, as executors, etc., of William Gilmore, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the. office of the clerk of the county of Delaware on the 14th day of September, 1898, upon the verdict of a jury rendered by direction of the court, specific questions of fact having been submitted to them by the court, and also from an order entered in said clerk’s office on the 8th day of September, 1898, denying the defendants’ • motion for a new trial made upon the minutes.

1Opinion of the Court

Landon, J.:

The action is upon a promissory note held by the plaintiff as executrix of the last will and testament of John E. Bush, deceased, the original holder thereof. The' note is in these words:

“ Hobart, N. Y., July 29th, 1890.
“For value received, we promise to pay to the order of William Gilmore, A: G. Silliman, Clayton Weeks and J. Brazee two thousand dollars with interest as follows:. With interest from the date hereof on the first day of October, 1890. Then the.annual interest on all unpaid sums on the first day of October in each and every year for four years. Then all unpaid…

2Cases cited9 opinions

  1. Brockway v. AllenNew York Supreme Court · 1837
  2. Hills v. . PlaceNew York Court of Appeals · 1872
  3. Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
  4. Sheldon v. . HortonNew York Court of Appeals · 1870
  5. De Witt v. . WaltonNew York Court of Appeals · 1854

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Marcus v. OtisCourt of Appeals for the Second Circuit · 1948
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
  3. Azzarello v. RichardsCity of New York Municipal Court · 1950
  4. A. & L. Trading Co. v. Herald Square Bakers & Caterers, Inc.New York Supreme Court · 1963
  5. Conant v. American Rubber Tire Co.Appellate Division of the Supreme Court of the State of New York · 1900

4 more not listed; retrieve them via the Exa API.

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