Fareira v. Smith
New York Court of Common Pleas
Appeal from city court, general term. Action by Mary Barker Fareira against Roderick H. Smith for money alleged to have been loaned by plaintiff to defendant. The defenses were a general denial, and that the loan was not made to defendant, but to a third person, through defendant as the medium.
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Appeal from city court, general term. Action by Mary Barker Fareira against Roderick H. Smith for money alleged to have been loaned by plaintiff to defendant. The defenses were a general denial, and that the loan was not made to defendant, but to a third person, through defendant as the medium. From a judgment of the general term of the city court affirming a judgment of the trial term on a verdict in plaintiff’s favor, and from an order denying defendant’s motion for a new trial on the minutes, defendant appeals.
1Opinion of the CourtBischoff, J.
To substantiate her claim of a loan to defendant, plaintiff gave in evidence the following instrument:
“American Loan & Trust Co.,
“Registrar of Certificates.
“New York Stock Trust.
“6 Wall Street
“Trustees: Roderick H. Smith, Manager. Geo. Condit Smith, Secretary.
George F. Shaver.
“New York, Dec. 10, 1890.
“Received from Mrs. M. Barker Fareira, as a loan, one thousand dollars, to-be returned Jan. 1 st, 1891.
“Roderick H. Smith.”
—And the trial court excluded oral evidence offered by defendant which tended to show that the sum mentioned was never received by him, and was in fact loaned to the Hew York…
2Cases cited9 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- De Lavallette v. . WendtNew York Court of Appeals · 1879
- Meyer v. . PeckNew York Court of Appeals · 1863
- Union Trust Co. of New York v. . WhitonNew York Court of Appeals · 1884
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