Hutchinson v. Market Bank of Troy
New York Supreme Court
APPEAL from a judgment ordered at the circuit, and from an order refusing to grant a new trial. The action was commenced in July, 1862; The complaint alleges that the plaintiff was the owner of a draft, dated July 7th, 1856, for $884, drawn by Samuel S. Whallon, canal commissioner, on the auditor of the canal department; that on or about the 24th of July, 1856, the plaintiff left. this draft with the defendant for collection; that the defendant collected the draft and has…
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APPEAL from a judgment ordered at the circuit, and from an order refusing to grant a new trial. The action was commenced in July, 1862; The complaint alleges that the plaintiff was the owner of a draft, dated July 7th, 1856, for $884, drawn by Samuel S. Whallon, canal commissioner, on the auditor of the canal department; that on or about the 24th of July, 1856, the plaintiff left. this draft with the defendant for collection; that the defendant collected the draft and has never paid the same to the plaintiff. The answer, 1st. Denies the complaint; 2d. Sets up payment of the draft. The action…
1Opinion of the CourtHogeboom, J.
The defendant’s counsel made four several requests to charge the jury, which it may seem better, to illustrate the case, first to consider.
The request to the court to charge absolutely that the entries by Watson and Tappan in the books of the bank were more reliable than the testimony of the plaintiff, after the lapse of six years, was properly refused, and it was properly left for the jury to say, upon all the evidence, which was entitled to the greater weight. This is so obviously the correct rule that it scarcely needs illustration. A contrary instruction, if positive and absolute, would…
2Cases cited2 opinions
- Philips v. BeldenNew York Court of Chancery · 1833
- The New York and Harlem Railroad v. HawsNew York Court of Appeals · 1874
3Cited by13 opinions
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- St. Louis Lager Beer Bottling Co. v. Colorado National BankSupreme Court of Colorado · 1884
- Wharton v. AndersonSupreme Court of Minnesota · 1881
- Claire v. ClaireNebraska Supreme Court · 1880
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