Legal Opinion

Smith v. Gunn

New York Supreme Court

Decided January 24, 1891PublishedCited by 7 opinions

Appeal from circuit court, Cattaraugus county. Action by Emma J. Smith against Edward J. Gunn. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals.

1Opinion of the CourtDwight, P. J.

The complaint alleged that “on the 3d day of May, 1884, at Little Valley, N. Y., the defendant made his promissory note, dated that day, whereby, by the name of E. J. Gunn, he promised to pay to Sally Kelly or bearer two hundred dollars, with use, one year from the date thereof;” and that the said Sally Kelly, for valúe received, sold, transferred, and delivered the said note to the plaintiff. On the trial the pláintiff produced and put in evidence a paper purporting to be a promissory note, in the terms above stated, but which bore on its face the name “E. J. Gun” as that of the maker. She…

2Cases cited5 opinions

  1. People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. The People v. . HoveyNew York Court of Appeals · 1883
  3. The People v. . DyleNew York Court of Appeals · 1860
  4. Losee v. MoreyNew York Supreme Court · 1865
  5. Raines v. TotmanNew York Supreme Court · 1882

3Cited by7 opinions

  1. Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
  2. Lummis v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1897
  3. Sigel v. SigelThe Superior Court of the City of New York and Buffalo · 1892
  4. In re DavisDistrict Court, S.D. New York · 1901
  5. Ripley v. Second Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1894

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