Riche v. Martin
City of New York Municipal Court
Appeal from trial term. Action by Pasqual Antonia Biche against Lawrence Martin. The complaint alleges: “Fil-st. That defendant made a promissory note to the order of the plaintiff, dated ‘New York, March 25, 1891,’ and delivered the same to the.plaintiff, and thereby promised to pay the sum of $612, 30 days after said cíate, at the Twenty-Third Ward Bank in the city of New York. Second.
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Appeal from trial term. Action by Pasqual Antonia Biche against Lawrence Martin. The complaint alleges: “Fil-st. That defendant made a promissory note to the order of the plaintiff, dated ‘New York, March 25, 1891,’ and delivered the same to the.plaintiff, and thereby promised to pay the sum of $612, 30 days after said cíate, at the Twenty-Third Ward Bank in the city of New York. Second. That at maturity, and before the commencement of this action, said note was presented for payment at the said bank, and same was refused. Third. That the plaintiff was, and ever since the making and delivery…
1Opinion of the CourtMcGown, J.
Upon the trial herein, and upon the cross-examination of the defendant by plaintiff’s attorney, the following question was asked: “Question. Why did you make a note for $612 if you had already paid him?” Whereupon defendant’s attorney stated: “We are willing to pay him the amount of the note, except what we have paid him. I shall not insist as to anything on account of usury. We had this money, and we paid him $329.75; and for the balance of $282.25, with interest from the date of this note, we are willing he should have judgment for.” By this admission the defense of payment as set up “for a…
2Cases cited4 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Holmes v. . MoffatNew York Court of Appeals · 1890
- Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
3Cited by2 opinions
- In re the Estate of SalisburyNew York Surrogate's Court · 1903
- In re the Estate of WilmotNew York Surrogate's Court · 1903