Carnright v. Gray
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Cornelius W. Carnright against Morgan Gray and William Freligh, as executors, etc., of Samuel E. Freligh, deceased, upon a promissory pote alleged to have been made by said Samuel P. Freligh, as follows: “Quarryville, September 2d, 1871. Thirty days after death I promise to pay to Cornelius W. Carnright fifteen hundred dollars, with interest. Samuel P. Freligh.”
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Appeal from circuit court, Ulster county. Action by Cornelius W. Carnright against Morgan Gray and William Freligh, as executors, etc., of Samuel E. Freligh, deceased, upon a promissory pote alleged to have been made by said Samuel P. Freligh, as follows: “Quarryville, September 2d, 1871. Thirty days after death I promise to pay to Cornelius W. Carnright fifteen hundred dollars, with interest. Samuel P. Freligh.” The defense was a denial that the testator made the note, and an allegation that there was no consideration therefor. The jury found a verdict for plaintiff for $3,395.75. From the…
1Concurrence
Mayham, J.,
(concurring.) Section 1, tit. 2, c. 4, pt. 2, p. 2241, 3 Rev. St., (Banks & B. 7th Ed.,) which is a transcript of 1 Rev. Laws, 151, passed in 1801, and which in substance re-enacts chapter 9, 3 & 4 Anne, passed in 1704, seems broad enough to embrace both non-negotiable and negotiable promissory notes, and, as that part of the section relating to non-negotiable notes is connected to the part of the same section relating to negotiable notes, disjunctively, either non-negotiable or negotiable notes are promissory notes within that section; and, if we read the section, leaving out all…
2Cases cited1 opinion
- Pultz v. DiossyNew York Court of Common Pleas · 1877