Wilber v. Gillespie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Henry Wilber and another, from a judgment of the Supreme 'Court ip favor of the' defendants, entered in the office of the clerk of the county of New York on the 6th day of November, 1907, upon the verdict of a jury rendered after a trial at the.New York Trial Term.
1Opinion of the Court
Clarke, J.:
This is an appeal from a judgment entered on a verdict in an action brought to recover of the defendants, as executrices of Benjamin Gillespie, deceased, the sum of $5,000 upon a note which reads as follows:
“N. Y. City, N. Y., Nov. 27, 1901.
“ $5,000. Three months after date I promise to pay to the order of Henry Wilber & wife Five thousand dollars, value.received, at Gansevoort, N. Y."
• “B. GILLESPIE.”
This note, written in lead pencil, is alleged by the defendants not to have been executed by their testator, and the question presented upon the trial was whether or not Benjamin…
2Cases cited9 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Clift v. . MosesNew York Court of Appeals · 1889
- Hoag v. . WrightNew York Court of Appeals · 1903
- Cary v. . WhiteNew York Court of Appeals · 1874
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
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- Hayes v. SnaderSupreme Court of Iowa · 1918
- In re StillmanNew York Surrogate's Court · 1922
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