Held v. Caldwell-Easton Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry "Held, from a judgment of the Municipal Court of the city ®f Hew York, borough of Brooklyn, in favor of the plaintiff, entered on the 11th day of March, 1904, awarding to the plaintiff the sum of one dollar and twenty-nine cents damages and two dollars costs in an action upon a promissory note for three hundred dollars.
1Opinion of the Court
Willaed Babtlett, J.:
This is an action upon a promissory note for $300, in which the plaintiff has recovered only the amount paid out by him for protest fees, the court below having held that the defendant had established the defense of novation. The proof fairly sustained this conclusion, and it cannot be held1 that, the judgment, in so far as it is unfavorable to the plaintiff, is against the evidence or weight of evidence. The plaintiff was demanding payment of the note in suit. The defendant gave him an order upon one Dewey, who was the defendant’s debtor, for the payment of the amount of…
2Cases cited1 opinion
- Izzo v. LudingtonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
- Henderson v. SheppardAppellate Division of the Supreme Court of the State of New York · 1931
- Kinsella v. Merchants National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1970
- Anderson v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1909
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