Miles v. . Loomis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 10 Hun, 372.) This action was brought upon a promissory note claimed to have been made and delivered by defendants’ testator to the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 10 Hun, 372.) This action was brought upon a promissory note claimed to have been made and delivered by defendants’ testator to the plaintiff. The plaintiff alleged in his complaint that the note was in fact made by the testator that it might be used as an offset to a note which he at the same time executed to the testator and at his earnest solicitation, for an amount which he did not justly owe,…
1Opinion of the CourtHard, J.
I think the two documents put in by the defendants without objection on the part of the plaintiff must be regarded as properly in evidence for all the purposes of the case. It need not be held, ivhere it clearly appears either by the avowal of the party offering them or otherwise, that instruments are put in solely for the purpose of being submitted to the jury or referee for comparison with a disputed signature or subjected to the examination of expert witnesses for such comparison, that the failure to object when they are offered absolutely precludes the party from subsequently resisting…
2Cases cited7 opinions
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3Cited by29 opinions
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