Magie v. Osborn
The Superior Court of New York City
This was an appeal from a judgment in favor of the plaintiff, entered on a verdict. The action was brought by David Magie against Joseph Eaylor, Richard Calrow, Jr. and Abner Osborn, to recover on a bond of indemnity alleged to have been made by them. The defense interposed by Osborn was a general denial. The cause was tried on the 28th of May, 1863, before Justice Monell and a jury. The evidence material to the question decided on the appeal is stated in the opinions.
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This was an appeal from a judgment in favor of the plaintiff, entered on a verdict. The action was brought by David Magie against Joseph Eaylor, Richard Calrow, Jr. and Abner Osborn, to recover on a bond of indemnity alleged to have been made by them. The defense interposed by Osborn was a general denial. The cause was tried on the 28th of May, 1863, before Justice Monell and a jury. The evidence material to the question decided on the appeal is stated in the opinions. The plaintiff having gained a verdict, the defendant, Osborn, appealed from the judgment entered thereon.
1Dissent
Monell, J. (dissenting.).
The only question upon which I differ with my brethren is, whether the evidence of the handwriting of the defendant, Osborn, to the bond in suit, was sufficient to go to the jury.
Mr. Parsons testified that he had seen Osborn’s handwriting on several occasions ; that Osborn was at his office and executed one or more papers on several occasions, in behalf of Baylor, in several matters, and his recollection was that he saw him execute several papers. “ Q. Did you know the handwriting P A. I thought I did. Q. Do you say now that you did ? A. I think I did know the…
2Cases cited2 opinions
- Hopkins v. MegquireSupreme Judicial Court of Maine · 1852
- Burnham v. AyerSupreme Court of New Hampshire · 1858