Jones v. Bacon
New York Supreme Court
Appeal from circuit court, Ontario county. Action by Charles Jones against Orin S. Bacon, as surviving executor of James McKechnie, deceased, to recover on an alleged obligation of indemnity. From a judgment for plaintiff for damages and costs, and an order of special term denying his motion for a new trial on a case and exceptions, defendant appeals.
1Opinion of the CourtLewis, J.
We think a new trial should be granted in this case because of the admission of improper evidence. Plaintiff’s cause of action, as stated in his complaint, is that on or about the second day of April, 1885, one Sherman Kingsbury was indebted to the firm of McKechnie & Co., who were bankers in the village of Canandaigua, N. Y., in the sum of $15,000. That the firm was composed of James McKechnie, now deceased, Alfred Denbow, now deceased, and Jessie McKechnie. That on the 2d day of April, 1885, the said James McKechnie, who was then a member of said banking firm, applied to the plaintiff to…
2Cases cited1 opinion
- Kearney v. . McKeonNew York Court of Appeals · 1881
3Cited by1 opinion
- McMillen v. AitchisonNorth Dakota Supreme Court · 1893