Newell v. . Doty
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, Eighth District. The action was upon a promissory note. The defense was usury.
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Appeal from the judgment of the General Term of the Supreme Court, Eighth District. The action was upon a promissory note. The defense was usury. The action was referred to a sole referee, who reported as follows: “That on the 24th day of June, 1857,. the defendants, without consideration, and for the purpose of having the same discounted and raising money, made the promissory note mentioned in the complaint, and procured the firm of “Brown Brothers” (a firm composed of James Y. Brown, Henry Brown, and Alfred Brown) and I. W., Eassett to indorse the same, for the accommodation of the…
1Opinion of the CourtPottee, J.
There is nothing in the plaintiff’s point, that because the defendants did not deny the allegations in the complaint, of the making of the note, and delivering it to Brown Brothers, the payees who indorsed it to the plaintiff; and because they' made no general or specific denial of any allegation in the complaint, that this is such an admission of the cause of action, that a judgment contrary to the admission, is erroneous. -The 149th section, of the Code requires such a denial only, of the matters alleged, as the defendant means to controvert. The defendants could not truthfully controvert…
2Cases cited1 opinion
- Lansing v. WiswallNew York Supreme Court · 1848
3Cited by21 opinions
- Ward v. . CraigNew York Court of Appeals · 1882
- Eastman v. . ShawNew York Court of Appeals · 1875
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
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