Morss v. Gleason
New York Supreme Court
Appeal from a judgment dismissing plaintiff’s complaint, entered upon the report of a referee. The referee found that on the 2d day of January, 1865, the defendants Burton G. Morss, Luman Reed and Roman H. Gleason, were engaged in business at Gilboa, in the county of Schoharie, in this State, as co-partners under the firm name of Morss, Reed & Co. On the 2d day of January, 1865, the said defendants, by their said firm name, made the note on which this action was brought, of…
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Appeal from a judgment dismissing plaintiff’s complaint, entered upon the report of a referee. The referee found that on the 2d day of January, 1865, the defendants Burton G. Morss, Luman Reed and Roman H. Gleason, were engaged in business at Gilboa, in the county of Schoharie, in this State, as co-partners under the firm name of Morss, Reed & Co. On the 2d day of January, 1865, the said defendants, by their said firm name, made the note on which this action was brought, of which note the following is a copy : “ $9,814.17. “ For value received, we promise to pay the executors and executrix of…
1Opinion of the Court
Bockes, J.:
The referee correctly held that the defendant had the affirmative under the pleadings. The answer contained no general denial, nor was there any specific denial of any material allegation of the complaint. The making, delivery and transfer of the note, stood admitted on the pleadings. Those facts being admitted, the denial of indebtedness or liability by the defendant, was but a denial of a conclusion of law, and tendered no issue of fact for trial.* True, there was a denial that plaintiff was the real party in interest. This however amounted to nothing, † except as it was…
2Cases cited4 opinions
- Russell v. ClappNew York Supreme Court · 1849
- Savage v. . PutnamNew York Court of Appeals · 1865
- Thurber v. CorbinNew York Supreme Court · 1868
- People v. LambNew York Supreme Court · 1865