Legal Opinion

Evans v. Williams

New York Supreme Court

Decided September 4, 1871PublishedCited by 7 opinions

APPEAL by the defendant from a judgment of the county court of Lewis county, affirming the judgment of a justice of the peace. The judgment rendered by the •justice was in favor of the plaintiff, for $41.89, damages and costs. The material facts are stated in the opinion of the court.

1Opinion of the Court

By the Court, Johnson, J.

The action was upon a promissory note dated December 22, 1862, given by the de-r fendant to W. S. Evans,, a brother of the plaintiff! The defense was a general denial, and payment. The plaintiff" proved that the note in question was given by the defendant, in exchange for a note held by W. S. Evans, against Elias Williams, the defendant’s father, and for the balance due on that note ; and that he purchased the note in question of the payee, W. S. Evans, in September 1868.

The defendant offered to prove, by way of defense, that the note of Elias Williams, for which the…

2Cited by7 opinions

  1. Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
  2. Mauldin v. BallMontana Supreme Court · 1883
  3. Hogen v. KlaboNorth Dakota Supreme Court · 1904
  4. Cary v. Western Union Telephone Co.New York Supreme Court · 1888
  5. Catlin v. HorneSupreme Court of Arkansas · 1879

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