Clark v. Scovill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Tracy Scovill and another, as executors, etc., from an order of the Supreme Court, made at the Steuben Special Term and entered in the office of the clerk of the county of Steuben on the 23d day of February, 1909, granting the plaintiff’s motion to correct a judgment herein entered in said clerk’s office on the 3d day of October, 1906, by striking therefrom the words “ upon the merits.”
Read the full summary
Appeal by the defendants, Edward Tracy Scovill and another, as executors, etc., from an order of the Supreme Court, made at the Steuben Special Term and entered in the office of the clerk of the county of Steuben on the 23d day of February, 1909, granting the plaintiff’s motion to correct a judgment herein entered in said clerk’s office on the 3d day of October, 1906, by striking therefrom the words “ upon the merits.” In September, 1900, the plaintiff presented to the executors of John Hyland, deceased, a claim of $10,000.evidenced by the alleged promissory note of the testator. The claim…
1Opinion of the Court
Spring, J.:
We think the court erred in correcting the judgment.- The plaintiff established a prima facie case as effectively as if a dozen witnesses had testified to the genuineness of the note. A motion for nonsuit was not made and could not properly have been granted. The defendants not only interposed a general denial, but also the short Statute of Limitations, and the execution and filing of the consents for the determination of the claims in Surrogate’s Court. They gave proof tending to establish both defenses. There was no disputed fact. The defendants were.not obliged to give proof on…
2Cases cited1 opinion
- Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Pollak v. Dodge Manufacturing Co.New York Supreme Court · 1913
- Pollak v. Dodge Manufacturing Co.City of New York Municipal Court · 1913
- Conabeer v. BruennAppellate Terms of the Supreme Court of New York · 1910
- Strodl v. Farish Stafford Co.City of New York Municipal Court · 1910