Reynolds v. Stein
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Mamie Reynolds against Henry B. Stein and another. Judgment for plaintiff, and defendant Stein appeals.
1Per curiam
The action is on a bond given by the defendant Stein as collateral security to a bond and mortgage given by the defendant Hawes. The latter defendant was not served with process and has not appeared in the action. The defense is want of consideration and mutual mistake. Having rigidly excluded all evidence tending in any degree to sustain the defense, the court below directed a verdict for the plaintiff. Defendant appeals.
The learned court below clearly misconceived the law of evidence with regard to sealed executory contracts. In such cases the se is merely presumptive evidence of a…
2Cases cited6 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Ferris v. . HardNew York Court of Appeals · 1892
- Baird v. BairdNew York Supreme Court · 1894
- Wells v. WellsAppellate Division of the Supreme Court of the State of New York · 1896
- Forgotston v. CraginAppellate Division of the Supreme Court of the State of New York · 1901
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