Morss v. Gleason
New York Supreme Court
Appeal from a judgment in favor of defendant entered upon the report of a referee, and also appeal from an order granting an extra allowance of costs.
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Appeal from a judgment in favor of defendant entered upon the report of a referee, and also appeal from an order granting an extra allowance of costs. The action was brought in Greene county by Foster Morss against Roman H. Gleason to recover the amount of a note, reading as follows : “ $9,814.17. For value received we promise to pay the executors and executrix of Colba Reed, deceased, or bearer, nine thousand eight hundred and fourteen dollars and seventeen cents, with interest. Gilboa, January 2, 1865. "Mobss, Reed & Co.” The firm of Morss, Reed & Oo. consisted at that time of Burton G.…
1Opinion of the CourtBocees, J.
The referee correctly held that the defendant had the affirmative under the pleadings. The answer contained no general denial, nor was there any specific denial of any material allegation of the complaint. The making, delivery and transfer of the note stood admitted in the pleadings. Those facts being *276admitted, the denial of indebtedness or liability by the defendant was but a denial of a conclusion of law, and tendered no issue of fact for trial. Edson v. Dillaye, 8 How. 273; Russell v. Clapp, 7 Barb. 482. True, there was a denial that plaintiff was the real party in interest; this, however,…
2Cases cited4 opinions
- Russell v. ClappNew York Supreme Court · 1849
- Savage v. . PutnamNew York Court of Appeals · 1865
- Doe v. WatsonSupreme Court of the United States · 1850
- Thurber v. CorbinNew York Supreme Court · 1868