Kincaid v. . Archibald
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 10 Hun, 9.) This action was brought to recover for moneys alleged to Rave been loaned by plaintiff to defendant. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 10 Hun, 9.) This action was brought to recover for moneys alleged to Rave been loaned by plaintiff to defendant. The facts appear sufficiently in the opinion. In construing the receipt given by defendant the extrinsic facts and circumstances to which it relates must be considered to arrive at the intention of the parties. (Black v. Col. Ins. Co., 42 N. Y., 393; Knapp v. Warren, 57 id., 668; Pitney v.…
1Opinion of the CourtAndrews, J.
The defendant on the 2d of August, 1872, signed and delivered to the plaintiff an instrument not dated, in these words : “Received January, eighteen hundred'and sixty-one (1861), from Mrs. J. R. Kincaid, the sum of sixteen hundred dollars ($1,600), for which I agree to pay interest at the rate of seven per cent from this date. Paid January, 1866, to Mrs. Kincaid on the above, two hundred dollars.”
It was shown that on the 1st of January, 1861, the defendant was indebted to the plaintiff in the sum of $1,600 for money loaned, and that no payment of principal or interest had been made on the…
2Cases cited1 opinion
- Draper v. . SnowNew York Court of Appeals · 1859
3Cited by23 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Russell v. BooksNew York Supreme Court · 1959
- In Re PovillCourt of Appeals for the Second Circuit · 1939
- Trenton Potteries Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1903
- In Re Estate of ButlerOhio Supreme Court · 1940
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