Powell v. Jones
New York Supreme Court
THIS was an action brought by the plaintiff against the defendant to recover the sum of 0320.03, which money the plaintiff alleged he had been compelled to pay to the sheriff of Ulster county, upon an execution issued upon a judgment, which had been recovered on a note of which the plaintiff and defendant were the joint makers, but which the plaintiff alleged he had signed solely for the accommodation of the defendant.
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THIS was an action brought by the plaintiff against the defendant to recover the sum of 0320.03, which money the plaintiff alleged he had been compelled to pay to the sheriff of Ulster county, upon an execution issued upon a judgment, which had been recovered on a note of which the plaintiff and defendant were the joint makers, but which the plaintiff alleged he had signed solely for the accommodation of the defendant. The plaintiff claimed to recover the said money with interest from the 17th day of May, 1862, with costs. The answer was a general denial. The cause was tried at the Ulster…
1Opinion of the Court
By the Court,
Miller, J.
The judge at the circuit charged the jury that in this case all depended on the paper of May 8, 1857. “If that refers to the note, which the plaintiff says it does, that ends the case, and the plaintiff is entitled to your verdict. If Jones’ account of that paper be the true one, then you give your verdict for the defendant.” He also said to■ the jury as follows: “Jones’ account of that paper is in direct contradiction to the tenor of the paper *27itself, which says that he received the money; and it will take you, or any one, a long time to believe any man’s memory in…
2Cases cited3 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Nolton v. MosesNew York Supreme Court · 1848
- Dows v. RushNew York Supreme Court · 1858
3Cited by18 opinions
- New Amsterdam Casualty Company v. JordanTexas Supreme Court · 1962
- Glassford v. LewisNew York Supreme Court · 1894
- Wolf v. MahanTexas Supreme Court · 1882
- Carpenter v. CoeNew York Supreme Court · 1873
- Williams v. PeopleNew York Supreme Court · 1865
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