Sprague v. Sprague
New York Supreme Court
Appeal from circuit court, Richmond county. Action by David H. Sprague against Edward Sprague and others as administrator, on a promissory note. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial, defendants appeal. Affirmed.
1Opinion of the CourtBrown, P. J.
This action is upon a promissory note made by the defendants’ intestate. The answer denied the making and delivery of the note, and any indebtedness thereon. . The main question of fact litigated upon the trial was as to the authenticity of the note, and the verdict of the jury has, upon ample testimony, determined that question in the plaintiff’s favor. The question of consideration did not arise upon the pleadings. The answer was in effect a general denial, and that put in issue all facts which plaintiff was bound to prove to make out Ms cause of action. Milbank v. Jones, 141 N. Y. 340, 36…
2Cases cited2 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Milbank v. . JonesNew York Court of Appeals · 1894
3Cited by7 opinions
- Ryan v. SullivanAppellate Division of the Supreme Court of the State of New York · 1911
- Royal Bank of Canada v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1927
- In re SpragueAppellate Division of the Supreme Court of the State of New York · 1899
- Rockefeller v. St. Regis Paper Co.New York Supreme Court · 1903
- Mechanics & Metals National Bank v. TerminiAppellate Terms of the Supreme Court of New York · 1915
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