Schnitzer v. Gordon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hyman Schnitzer, from a judgment, of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 1st day of October, 1897, upon the verdict of á jury, and also from an order entered in said clerk’s office on the 15th day of October, 1897,. denying the plaintiff’s motion for a new trial made upon the minutes. Three causes of action aré alleged in the complaint.
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Appeal by the plaintiff, Hyman Schnitzer, from a judgment, of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 1st day of October, 1897, upon the verdict of á jury, and also from an order entered in said clerk’s office on the 15th day of October, 1897,. denying the plaintiff’s motion for a new trial made upon the minutes. Three causes of action aré alleged in the complaint. The first is. upon a promissory note for $500, made November 23; 1894; the second upon a loan of $1,000, made December 13, 1894; the third upon an account…
1Opinion of the Court
Barrett, J.:
The plaintiff was the only witness called upon the trial. He testified, first, as to the second cause of action, namely, the loan of $1,000, stating that it was made by check, and that the defendant gave him no note therefor. This was his testimony: “ I did not get a note at this time. I did not have any note of Hr. Gordon’s dated December 13,1894. I am quite certain of that.” The counsel for the respondent conclusively proved the falsity of this testimony by putting in evidence a note of the defendants for $1,000, dated December 13, 1894, which the plaintiff .had deposited for…
2Cases cited2 opinions
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Hoffman v. SusemihlAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Colborn v. ArbecamAppellate Terms of the Supreme Court of New York · 1907