Driggs v. Smith
The Superior Court of New York City
Appeal from judgment entered upon the report of a referee. The action was brought to recover the sum of $835.30, with interest, under the following circumstances: On the 7th July, 1870, the plaintiff borrowed of the defendant, at the city of Eew York, $2,082.73 for the term of six months, and agreed to pay the defendant as interest for the said period the sum of $500. To secure the repayment of said money so loaned and said interest the plaintiff executed, as for said…
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Appeal from judgment entered upon the report of a referee. The action was brought to recover the sum of $835.30, with interest, under the following circumstances: On the 7th July, 1870, the plaintiff borrowed of the defendant, at the city of Eew York, $2,082.73 for the term of six months, and agreed to pay the defendant as interest for the said period the sum of $500. To secure the repayment of said money so loaned and said interest the plaintiff executed, as for said interest, two promissory notes, each for the sum of $250, and each payable to the order of Fannie T. De Reeve, one of them…
1Opinion of the Court
By the Court, Freedman, J.
The testimony given by the parties on the trial as to the amount actually loaned was conflicting. Plaintiff testified that on a certain day in the month of July, 1870, he borrowed from the defendant $1,887.68, which he received through Mitchell, and $195.62, which he received from the hands of the defendant. His counsel then produced a paper and requested plaintiff to look at it, and to state what it was. Plaintiff, in. pursuánce of such request,, made the following statement:
“ About a week after the loan was made I called on Mr. Smith, the defendant, and asked the…
2Cases cited9 opinions
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Guy v. . MeadNew York Court of Appeals · 1860
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Murray v. SmithThe Superior Court of New York City · 1853
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
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