Legal Opinion

Allen v. Henry

New York Supreme Court

Decided October 17, 1894PublishedCited by 2 opinions

Appeal from circuit court, Cattaraugus county. Action by Norman M. Allen against Hiram F. Henry on two promissory notes. From a judgment entered on a nonsuit, and from an order denying a motion for new trial, made on the minutes of the court, plaintiff appeals. Reversed.

1Opinion of the CourtHaight, J.

This action was brought to recover the amount of two promissory notes,—one for $3,000, dated July 30, 1889, and the other for $1,000, dated September 25, 1889. Inasmuch as the allegations of the complaint and the evidence given upon the trial are substantially the same in reference to each note, we shall consider that only which pertains to the first note. The instrument is as follows:

“Gowanda, July 30, 1889.
“On demand, I promise to pay to F. Munson three thousand dollars, with interest, for value received. H. F. Henry.
“83,000.00.”

The complaint, in substance, alleges in reference thereto…

2Cited by2 opinions

  1. Allen v. HenryAppellate Division of the Supreme Court of the State of New York · 1897
  2. Allen v. HenryAppellate Division of the Supreme Court of the State of New York · 1897

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