Larkin v. . Hardenbrook
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover the amount of a promissory note executed by defendant to Isaac C. Lbper, plaintiff’s testator, which the complaint alleged had been lost or destroyed.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover the amount of a promissory note executed by defendant to Isaac C. Lbper, plaintiff’s testator, which the complaint alleged had been lost or destroyed. The referee found that said Loper executed to defendant a deed of certain premises, and in consideration thereof, the note in suit was executed* and delivered to the grantor, who…
1Opinion of the CourtMiller, J.
The note described in the complaint was given by the defendant to the plaintiffs intestate, upon the conveyance to him of certain real estate, and as a consideration therefor, on the 11th day of October, 1870. The referee before whom the trial was had has found that in or about the month of January, 1871, the grantor voluntarily and intentionally canceled, destroyed and surrendered up to the defendant said security and note, and as a conclusion of law, the intestate discharged the defendant thereon, and that no recovery could be had either on the note or on the original consideration. We…
2Cases cited2 opinions
- Beach v. EndressNew York Supreme Court · 1868
- Doty v. WilsonNew York Supreme Court · 1871
3Cited by27 opinions
- Simons v. Supreme Council American Legion of HonorNew York Court of Appeals · 1904
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
- Wanamaker v. PowersAppellate Division of the Supreme Court of the State of New York · 1905
- Lanham v. MeadowsWest Virginia Supreme Court · 1913
- Woodbery v. New York Life InsuranceNew York Supreme Court · 1927
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