Murphy v. Carey
New York Supreme Court
Appeal from circuit court, Kings county. Action by John G. Murphy against James F. Carey and James F. Gillen. Verdict was directed for plaintiff, and defendants appeal.
1Opinion of the CourtBaenaed, P. J.
This action is brought to recover the amount due upon three promissory notes, all made by the defendant Carey *586to the order of defendant Grillen, and indorsed by him, all dated May 25, 1891, and maturing in three, six, and nine months from date. The defendants admit the making and indorsement of the notes as alleged, but the answer avers that at the time the notes were given to the plaintiff the defendant Carey was not indebted to him except in the sum of about $2,000, which has been fully paid by Carey. The answer does not plead the fact actually tried. It was proven that, on the day the…
2Cited by2 opinions
- In re RedmondNew York County Court, Steuben County · 1907
- People ex rel. Douglas v. Van NostrandNew York Supreme Court · 1895