Dounce v. . Dow
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department in favor of the plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon verdict. This action was brought upon a promissory note, dated 12th February, 1869, given by the defendants to the plaintiff for the sum of $435.16, payable four months after date.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department in favor of the plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon verdict. This action was brought upon a promissory note, dated 12th February, 1869, given by the defendants to the plaintiff for the sum of $435.16, payable four months after date. The making of the note was admitted, and the questions litigated on the trial and involved in this appeal arose out of the matters set up by the defendants in their answer, and are stated in the opinion. The…
1Opinion of the Court
Lott, Ch. C.
The defendants in their answer allege, as a ground of counter-claim, that the note 'on which this action was brought was given for a quantity of iron bought by them of the plaintiff which, on delivery, was worthless; and as the decision to be reached by us is to be settled and determined by the construction to be given to the contract between the parties, it is deemed proper to set it forth as alleged in the answer; that, after stating that the defendants for a long time prior to the 12th day of February, 1869 (the date of the note), and up to that time had been and then were…
2Cases cited2 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- McCormick v. . SarsonNew York Court of Appeals · 1871
3Cited by13 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Maxwell v. LeeSupreme Court of Minnesota · 1886
- Carleton v. JenksCourt of Appeals for the Sixth Circuit · 1897
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