Jennings v. Osborne
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the CourtBookstaver, J.
The action was brought on two promissory notes made by defendant; one for $500, dated September 8th, 1884, and the other for $1,000, dated October 18th, 1884, both payable on demand and to the order of plaintiff’s intestate.
The answer admits the making of the notes and their delivery to John Jennings, the intestate, and as a defense to each note sets up “ that said note has been fully paid long before the commencement of tins action.”
The action has been twice tried before a jury, and on each trial a verdict was rendered in favor of the defendant.
From the first judgment an appeal was taken to…
2Cases cited4 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Boorman v. JenkinsNew York Supreme Court · 1834
- Dunn v. HewittNew York Supreme Court · 1846
- Hatch v. PryorNew York Court of Appeals · 1867