Hirschman v. Cohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob Cohn and another, from a judgment of .the Supreme Court in favor of the plaintiff, entered in the. •office of the clerk of the county of New York on the 29th day of •June, 1898, upon the verdict of a jury; also from an order entered in said clerk’s office on'the 23d day of June, 1898, denying the ■defendants’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 29th day of June, 1898,…
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Appeal by the defendants, Jacob Cohn and another, from a judgment of .the Supreme Court in favor of the plaintiff, entered in the. •office of the clerk of the county of New York on the 29th day of •June, 1898, upon the verdict of a jury; also from an order entered in said clerk’s office on'the 23d day of June, 1898, denying the ■defendants’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 29th day of June, 1898, granting the plaintiff an extra allowance.
1Opinion of the Court
Patterson, J. :
The judgment in this action must be reversed for an error in the ¡admission of evidence, affecting the credibility of the witness, upon whose testimony the establishment of the defense almost entirely ' depended. The action was against the defendant Cohn, the maker, and the defendants Emanuel Hein and Jennie Hein (copartn'ers), the. indorsers of a promissory note for $5,000, payable four months after its date. It was in evidence that this note was discounted by -the ' plaintiff. Cohn and Jennie' Hein answered. Emanuel Hein was not served with process.. The defense was usury. On…
2Cases cited2 opinions
- The People v. . CrapoNew York Court of Appeals · 1879
- Van Bokkelen v. . BerdellNew York Court of Appeals · 1891
3Cited by2 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
- Markgraf v. KlingeAppellate Terms of the Supreme Court of New York · 1901