Legal Opinion

Gowdey v. Robbins

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 6 opinions

Appeal by the plaintiff, Sanford S. Gowdey, as executor, etc., of Henry A. Gowdey, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of December, 1894, upon the verdict of a jury rendered after a trial at the Orange Circuit; also from an order entered in said clerk’s office on the 20th day of February, 1895, denying the plaintiff’s motion for a new trial made upon the minutes,…

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Appeal by the plaintiff, Sanford S. Gowdey, as executor, etc., of Henry A. Gowdey, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of December, 1894, upon the verdict of a jury rendered after a trial at the Orange Circuit; also from an order entered in said clerk’s office on the 20th day of February, 1895, denying the plaintiff’s motion for a new trial made upon the minutes, and also from two orders dated respectively the 5th and 19th days of January, 1895, and entered in said clerk’s office on…

1Opinion of the Court

Willard Bartlett, J.:

On May 1, 1878, the defendant, together with one W. A. Robbins, since deceased, made and delivered to Henry A. Gowdey, the plaintiff’s testator, a promissory note whereby they promised to pay $1,000 one year from that date to the order of the said Henry A. Gowdey, with interest at the rate of six per cent. This suit was brought to recover the principal and interest due upon that instrument. The defendant admits the execution and delivery of the . note sued upon, but claims to.have paid $950 of the principal and , all.of the interest except $24. He was successful in making…

2Cases cited1 opinion

  1. O'Donnell v. HarmonNew York Court of Common Pleas · 1871

3Cited by6 opinions

  1. Swift v. PooleAppellate Division of the Supreme Court of the State of New York · 1916
  2. Hull v. CronkAppellate Division of the Supreme Court of the State of New York · 1900
  3. Crane v. BarronAppellate Division of the Supreme Court of the State of New York · 1906
  4. Rosenberg v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917
  5. Falvo v. Provenga, New York County Courts1929

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