Church v. . Howard
New York Court of Appeals
Church v. Howard (17 Hun, 5), reversed. Appeal from judgment of tko General Term of the Supreme Court, in the.third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Church v. Howard (17 Hun, 5), reversed. Appeal from judgment of tko General Term of the Supreme Court, in the.third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 17 Hun, 5.) This action was brought by plaintiff as administrator of the estate of Mary M. Church, deceased, upon a promissory note, executed by defendants, which, in its original form, was as follows: “ $2,000. Two yeai's from date I promise to pay Mary M. Church, or bearer, two thousand dollars, with interest semi-annually, at seven per cent, in gold or its equivalent.…
1Opinion of the CourtMiller, J.
The defendant Howard interposes in this action as a defense that the note was altered without Ms knowledge or consent, and one of the principal questions controverted upon the trial was whether the alteration was made by the authority, direction or consent of the intestate. In regard to this branch of the case one Mrs. Scranton was called and sworn as a witness for the defendant, and testified that Mr. Church,' the plaintiff, came to her house after the decease of his wife and there had a conversation, in the presence of herself and her husband, as to the note in controversy. She was asked to…
2Cases cited5 opinions
- Hobart v. . HobartNew York Court of Appeals · 1875
- Miller v. . MontgomeryNew York Court of Appeals · 1879
- Lane v. DotyNew York Supreme Court · 1848
- Hammon v. HuntleyNew York Supreme Court · 1825
- M'Intire v. Morris' AdministratorsNew York Supreme Court · 1835
3Cited by54 opinions
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- LeLong v. SiebrechtAppellate Division of the Supreme Court of the State of New York · 1921
- Franklin v. . KiddNew York Court of Appeals · 1916
- Davis v. . GallagherNew York Court of Appeals · 1891
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