Bogert v. . Morse
New York Court of Appeals
On error from the supreme court. Morse sued Bogert in a justice’s court for money lent. The cause was-tried by a jury, and on the trial a witness called for the plaintiff testified that at the request of the plaintiff he went to see the defendant about some money lent; that he asked the defendant if he had had some money of the plaintiff; the defendant replied that he had had twenty dollars of him; the witness then said to him that the plaintiff had requested the witness to…
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On error from the supreme court. Morse sued Bogert in a justice’s court for money lent. The cause was-tried by a jury, and on the trial a witness called for the plaintiff testified that at the request of the plaintiff he went to see the defendant about some money lent; that he asked the defendant if he had had some money of the plaintiff; the defendant replied that he had had twenty dollars of him; the witness then said to him that the plaintiff had requested the witness to speak to him about it; that the defendant made no reply to this observation, but turned away. There was no other…
1Opinion of the Court
By the Court,
Bronson, Ch. J.
What the plaintiff said to the witness was not communicated to the defendant, and must therefore be laid out of view. The proof then stands thus: The witness went to the defendant’s store and asked him if he had had any money of the plaintiff. The defendant said he had had twenty dollars of him. Upon this proof, without any thing more, the fair and reasonable inference is that the defen dant received the money because it was due to him, and not by way of a loan. When one man delivers a sum of money to another, if there be nothing else to explain the transaction,…
2Cited by8 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- In re the Estate of BrownNew York Surrogate's Court · 1912
- In re the Estate of DelaneyNew York Surrogate's Court · 1899
- Melenky v. MelenAppellate Division of the Supreme Court of the State of New York · 1919
- Black v. WhiteThe Superior Court of New York City · 1877
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