Collins v. McGuire
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by John Collins against John C. McGuire, pending the determination of which plaintiff died, and Nellie A. Collins was substituted as plaintiff. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtJenks, J.
The plaintiff appeals from a judgment for $2,056 for the defendant, entered upon the report of a referee. The plaintiff declared upon three causes of action: (1) for a balance due upon a loan; (2) upon a promissory note for $3,000 made by the defendant to the plaintiff; and (3) for a balance due in the buying and selling of cotton, wherein the plaintiff was the broker of the defendant. The defendant answered: First, that he had discharged the balance by the transfer of certain shares of stock, which were accepted in payment; second, he admitted the making and delivery of the note; and, third,…
2Cases cited14 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Barnard v. . GantzNew York Court of Appeals · 1893
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Tennant v. . DudleyNew York Court of Appeals · 1895
- Lamb v. . LambNew York Court of Appeals · 1895
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3Cited by1 opinion
- New v. SmithSupreme Court of Kansas · 1915