Lounsbury v. Depew
New York Supreme Court
THIS is ap appeal by the defendant from a judgment rendered in favor of the plaintiff on the. 1st day of July, 1856, upon the report of a referee. The plaintiff’s claim was for a sum of #34.93, found due from the defendant to him on settlement, on the 16th of March, 1855, and also for the amount of a promissory note executed by the defendant, dated the 18th of March, 1855, and payable to James Carroll or bearer, one day from date, with interest.
Read the full summary
THIS is ap appeal by the defendant from a judgment rendered in favor of the plaintiff on the. 1st day of July, 1856, upon the report of a referee. The plaintiff’s claim was for a sum of #34.93, found due from the defendant to him on settlement, on the 16th of March, 1855, and also for the amount of a promissory note executed by the defendant, dated the 18th of March, 1855, and payable to James Carroll or bearer, one day from date, with interest. Judgment was rendered in favor of the plaintiff for both of these amounts, with costs. J ames Carroll, the payee and original holder of the note,…
1Opinion of the CourtHogeboom, J.
The report of the referee leaves it uncertain what was the latest date at which Carroll was in possession of the note; but it is apparent from the testimony that it must have been within a few days of his death. No transfer of the note by him is shown. The evidence fails to show satisfactorily even an attempted gift; although the widow stated to the plaintiff that her husband had given her the note. But the fact of the gift is not expressly sworn to ; the manner of it is not shown; nor does it appear that any delivery ever *47accompanied the donation. Nor could the husband, under the…
2Cases cited10 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Woodin v. BagleyNew York Supreme Court · 1835
- Outwater v. DodgeNew York Supreme Court · 1831
- Lowry v. TewNew York Court of Chancery · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Twinam v. SwartNew York Supreme Court · 1871
- In re the Judicial Settlement of the Account of Proceedings of Van KleeckNew York Surrogate's Court · 1916
- Clark v. WeaverNew York Supreme Court · 1879
- Hancock v. PalmerNew York Supreme Court · 1864
- Murphy v. City of WilmingtonSupreme Court of Delaware · 1880