Fletcher v. Daniels
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clayton ¡M. Daniels, from a final judgment of the Supreme Court in favor of the plaintiffs, entered in the-office of the clerk of the county of Erie on the 6th day of January,. 1900, upon the decision of the court rendered after a trial at the.Erie Trial Term before the court without a jury. . This action was commenced December 18, 1898, to recover on a. promissory note given by the defendant to the testator of the plaintiffs for the sum of $1,500,…
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Appeal by the defendant, Clayton ¡M. Daniels, from a final judgment of the Supreme Court in favor of the plaintiffs, entered in the-office of the clerk of the county of Erie on the 6th day of January,. 1900, upon the decision of the court rendered after a trial at the.Erie Trial Term before the court without a jury. . This action was commenced December 18, 1898, to recover on a. promissory note given by the defendant to the testator of the plaintiffs for the sum of $1,500, dated January 25, 1889, and duo in four months from date, with use. No payments have been made upon the note, and the…
1Opinion of the Court
Spring, J. :
' The. oral proof shows that at the time the letter quoted was written the only indebtedness existing in favor of Mr. Fletcher, the payee, and against the defendant, was that evidenced by the note in suit, and it is conceded that the letter relates to that* note. It unmistakably recognized the existence of an indebtedness and an expectation on the part of the writer to pay it. He intends to “ set all things right and to your satisfaction,” and “to settle all up with you and pay ‘ interest on interest ’ as well,” and that he will be a happy man when I get it all made right with…
2Cases cited6 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Henry v. . RootNew York Court of Appeals · 1865
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
- Wright v. ParmenterAppellate Terms of the Supreme Court of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Arizona Fire Insurance v. KingNew York Supreme Court · 1939
- Doncourt v. DentonNew York Supreme Court · 1907
- Hodnett v. GaultAppellate Division of the Supreme Court of the State of New York · 1901
- Rosofsky v. LucasAppellate Terms of the Supreme Court of New York · 1915
- Brintnall v. RiceAppellate Division of the Supreme Court of the State of New York · 1901
2 more not listed; retrieve them via the Exa API.