Bank of Port Jervis v. Darling
New York Supreme Court
Appeal from judgment on report of referee. Claim by the Bank of Port Jervis against Charles T. Darling and Thomas S. Mount, as executors of Jeremiah Darling, deceased. The claim was referred under the statute, and the referee found in favor of claimant for $2,776.22, with interest from February 5, 1894, and $112.43, referee’s fees and disbursements.
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Appeal from judgment on report of referee. Claim by the Bank of Port Jervis against Charles T. Darling and Thomas S. Mount, as executors of Jeremiah Darling, deceased. The claim was referred under the statute, and the referee found in favor of claimant for $2,776.22, with interest from February 5, 1894, and $112.43, referee’s fees and disbursements. From the judgment in favor of claimant, entered on the report, defendants appeal; and from an order denying, costs and an additional allowance to claimant, and from part of the judgment, claimant appeals.
1Opinion of the CourtDykman, J.
The plaintiff in this action presented a claim to the defendants, based upon a promissory note, of which the following is a copy:
“$2,900. Port Jervis, New York, Jan. 2,1894.
“Thirty days after date, I promise to pay to the order of Bank of Port Jervis twenty-nine hundred dollars at the bank of Port Jervis. Value received. William O. Gould.”
Before the note was delivered to the plaintiff, it was indorsed by the defendants’ testator, Jeremiah Darling, for the purpose of giving the maker credit with the bank. Darling died on the 18th day of January, 1894, and letters testamentary were issued to…
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