Kennedy v. Crandell
New York Supreme Court
This was an appeal from a judgment for the defendant, entered upon the report of a referee. The complaint first set forth causes of action upon two promissory notes, given by the defendant on the 28th of September, 1861, to one Henderson, payable to his order, viz.: one of $1,500, payable in twelve months, and the other for $2,000, payable in fifteen months, both purporting to be “ with interest after six months.”
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This was an appeal from a judgment for the defendant, entered upon the report of a referee. The complaint first set forth causes of action upon two promissory notes, given by the defendant on the 28th of September, 1861, to one Henderson, payable to his order, viz.: one of $1,500, payable in twelve months, and the other for $2,000, payable in fifteen months, both purporting to be “ with interest after six months.” It also set forth as an additional cause of action, the sale by Henderson to the defendant of certain stock in a stove, heater and grate establishment, in Albany, on the 28th…
1Opinion of the Court
By the Court
—Miller, P. J.
It is insisted by the coun sel for the plaintiff that the finding of the referee, that the notes in suit were altered after their execution, is against the evidence. This was the main question ol‘ fact in controversy upon the trial, and upon this subject the evidence was conflicting. Henderson swears quite positively that they were drawn with interest, and the words “ after six months ” were added before they were finally signed. In opposition to this testimony, Crandell, the defendant, swears that the words “ with interest after six months ” were not in, according…
2Cases cited8 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Blade v. NolandNew York Supreme Court · 1834
- Guy v. . MeadNew York Court of Appeals · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Columbia Distilling Co. v. RechAppellate Division of the Supreme Court of the State of New York · 1912
- Mt. Morris Bank v. LawsonNew York Court of Common Pleas · 1894
- Philbin v. PatrickNew York Court of Appeals · 1868