Legal Opinion

Spencer v. Drake

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the defendant, Charles W. Drake, from a judgment Of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New. York on the 10th day of .February, 1903, upon the verdict of a jury rendered, by direction of the ■court after a trial at the New York Trial Term.

1Opinion of the Court

Ingraham, J.:

The action is on a promissory note, the complaint alleging that on the 14th day of July, 1900, the defendant made and delivered to the plaintiff’s testator his promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff’s testator the sum of $10,174.57 on demand, with interest at the. rate of six per cent per annum. This .allegation was admitted by the answer which, alleged certain defenses to the note, and set up two counterclaims. Upon the trial the plaintiff offered in evidence the note, which-seems to have been received without objection. That…

2Cases cited2 opinions

  1. Ocean National Bank of N.Y. v. . FantNew York Court of Appeals · 1872
  2. Field v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
  2. Fraioli v. KalbAppellate Division of the Supreme Court of the State of New York · 1961

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