Legal Opinion

Heintze v. Graham

Appellate Terms of the Supreme Court of New York

Decided May 7, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Hertha H. Heintze against Thomas F. Graham. From an order granting plaintiff a new trial, defendant appeals.

1Per curiam

The plaintiff brought this action to recover the balance due upon a promissory note made by the defendant for the sum of $100. The answer was the plea of payment and a counterclaim. Upon the trial the making, execution, and delivery of the note for value was admitted, and the defendant took the affirmative of the case. He offered in evidence three receipts, one for $15, one for '$30, and one for $60. He also offered evidence tending to show that he loaned the plaintiff money at different times, giving the different amounts and dates, which were disputed by the plaintiff, and which "need not…

2Cases cited3 opinions

  1. James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
  2. O'Hara v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  3. O'Hara v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905

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