Arkport State Bank v. Nutter

The facts of this case were set forth in our decision in a prior appeal from a judgment after the trial court had directed a verdict in favor of the plaintiff. (Arkport State Bank v. Nutter, 282 App. Div. 412.) There we said: “We think that upon this record the question of whether the payment of $182.92 on January 26, 1945, was made under circumstances from which a promise to pay the entire indebtedness including interest may he implied, presented a question of fact for the jury.” (P. 414.) We reversed the judgment and *87granted a new trial. The action was again tried at the September term,…