Joslyn v. Capron
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered upon the report of a referee. This action was brought upon a promissory note for .$200, dated March 15, 1865, payable, with interest, two years after date. ' The case was tried by a referee, who found the making of the note, its delivery, and that the same had never been paid;'buthe dismissed the complaint on the ground that said note was discharged or released by a receipt or release signed by the plaintiff in the words…
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APPEAL, by the plaintiff, from a judgment entered upon the report of a referee. This action was brought upon a promissory note for .$200, dated March 15, 1865, payable, with interest, two years after date. ' The case was tried by a referee, who found the making of the note, its delivery, and that the same had never been paid;'buthe dismissed the complaint on the ground that said note was discharged or released by a receipt or release signed by the plaintiff in the words following: “Verona, Dec. 10, 1866. Reckoned and settled with J. H. Capron, and received full payment of all demands, either…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Upon the findings of the referee upon the facts, it is very clear that the plaintiff has an honest debt against the defendant, for the amount of the note in suit for $200 and interest, and that the same has never in fact been paid.
It is quite clear, also, from the referee’s report of the evidence in the case, that the defendant, dealing with a woman in feeble health, and having got possession of the two notes of $200 and $250, given by him for moneys borrowed in 1863 and 1864, and carried them away against her will and' protest, and • getting up a dispute and…
2Cases cited3 opinions
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Colburn v. LansingNew York Supreme Court · 1866