Bush v. Gilmore
Appellate Division of the Supreme Court of the State of New York
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…
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