Irish v. Nutting
New York Supreme Court
APPEAL from a judgment entered at the circuit, on a trial before the court without a jury. The action was brought by the plaintiff against the defendant, as administrator of Charles H. Gardner, deceased, to recover the possession of three promissory notes, made by Jonathan Irish, and payable to the said Charles H. Gardner, as follows : One note dated March 24,1862, for $45, payable one day after its date; one note dated August 14,1862, for $40.60 and interest, payable three…
Read the full summary
APPEAL from a judgment entered at the circuit, on a trial before the court without a jury. The action was brought by the plaintiff against the defendant, as administrator of Charles H. Gardner, deceased, to recover the possession of three promissory notes, made by Jonathan Irish, and payable to the said Charles H. Gardner, as follows : One note dated March 24,1862, for $45, payable one day after its date; one note dated August 14,1862, for $40.60 and interest, payable three years from its date; and one note dated August 16, 1862, for $100 and interest, payable three years' after date. The…
1Opinion of the Court
By the Court, Bacon, P. J.
This is an action of replevin, to recover the possession of three promissory notes, amounting in all to some $185. These notes were originally the property of one Charles H. Gardner, a brother of the plaintiff: In August, 1862, Gardner enlisted in the volunteer service of the United States, and on the 17th day of that month was at the plaintiff's house on a furlough. This was before he had entered on actual service, but in the expectation of soon being ordered to the seat of war. On this occasion he delivered these three notes to the plaintiff, saying, in the…
2Cases cited5 opinions
- Bedell v. . CarllNew York Court of Appeals · 1865
- Craig v. TuckerSupreme Court of Pennsylvania · 1811
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
- Harris v. ClarkNew York Supreme Court · 1848
3Cited by17 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Curry v. . PowersNew York Court of Appeals · 1877
- Smith v. FergusonIndiana Supreme Court · 1883
- Smith v. DorseyIndiana Supreme Court · 1872
- Butler v. SherwoodNew York Supreme Court · 1921
12 more not listed; retrieve them via the Exa API.