Tuthill v. Hussey
New York Supreme Court
Appeal from a judgment in favor of plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial on the minutes. Action on a promissory note given by defendant Hussey in part payment for a hotel. The main defense was that the note was materially altered after delivery in that the words “ with interest from date ” were added.
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Appeal from a judgment in favor of plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial on the minutes. Action on a promissory note given by defendant Hussey in part payment for a hotel. The main defense was that the note was materially altered after delivery in that the words “ with interest from date ” were added. The plaintiff and three others, two of whom were disinterested, testified that plaintiff refused to accept the note unless it was drawn with interest; that one of them, an attorney, who drew the note, added the words, after which Hussey…
1Opinion of the CourtBarrett, J.
The sole question in this case was whether the words “ with interest ” were written in the note sued upon before or after its execution, indorsement and delivery. A number of witnesses testified that these words were written in the note before it was executed, while the defendants. *490testified to the contrary. It is apparent, therefore, that the question was purely one of fact. The verdict was in favor of the plaintiff, and it was fully supported by abundant testimony ; indeed, after reading- all the testimony carefully, I feel bound to say, by the weight of evidence. There was not an exception…
2Cases cited16 opinions
- Hayden v. Bank of SyracuseNew York Supreme Court · 1891
- People v. MassettNew York Supreme Court · 1889
- Smith v. PryorNew York Court of Common Pleas · 1890
- Shoemaker v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
- Smith v. DittmanNew York Court of Common Pleas · 1890
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