Varnum v. Taylor
The Superior Court of New York City
Appeal from a judgment and an order denying a ne w trial. This action was brought to recover the amount of a promissory note for $3,934-r¡nr, made by the defendant to the plaintiff’s order, dated April 11, 1853, and payable four months after date.
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Appeal from a judgment and an order denying a ne w trial. This action was brought to recover the amount of a promissory note for $3,934-r¡nr, made by the defendant to the plaintiff’s order, dated April 11, 1853, and payable four months after date. The defense was, that this note was given in renewal of other previous notes of the same amount, simply to liquidate the amount of a claim which the plaintiff had upon the defendant, for commissions on advances, &c., made by him in the business carried on by the defendant, and in which the plaintiff had an interest; that the plaintiff’s claim was…
1Opinion of the Court
By the Court — Bosworth, Ch. J.
The portion of the charge first excepted to, is part of a series of state-ments made by the Court, in presenting to the Jury the defendant’s theory of the case; the positions he took as to its actual facts, and the results which, he claimed, that certain, of the evidence given, tended to establish.
In the course of these statements, the Court remarked, that the defendant insisted, that a certain view or idea contended for by the plaintiff was disproved, not only by certain circumstances, which are specified, “ but the further circumstance testified to by Mr. Way,…
2Cases cited3 opinions
- Nolton v. MosesNew York Supreme Court · 1848
- People v. WhiteNew York Supreme Court · 1835
- Graham v. CammannNew York Supreme Court · 1804
3Cited by2 opinions
- City of Wyandotte v. NobleSupreme Court of Kansas · 1871
- Gilroy v. LoftusAppellate Terms of the Supreme Court of New York · 1897