Hopkins v. Ward
New York Supreme Court
MOTION for a new trial, on the minutes, after a trial before the court and a jury. After proof, by the plaintiff, of the balance remaining unpaid upon the account set out in the complaint, and by the defendant, of his discharge in bankruptcy, the court, upon the plaintiff’s motion, directed a verdict for the plaintiff for said balance, $239.94, April 26, 1876. The defendant claimed to have the burden of proof, and the claim was allowed to him.
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MOTION for a new trial, on the minutes, after a trial before the court and a jury. After proof, by the plaintiff, of the balance remaining unpaid upon the account set out in the complaint, and by the defendant, of his discharge in bankruptcy, the court, upon the plaintiff’s motion, directed a verdict for the plaintiff for said balance, $239.94, April 26, 1876. The defendant claimed to have the burden of proof, and the claim was allowed to him. After the verdict for the plaintiff was directed, the defendant made a motion for a new trial, upon the minutes. After argument of that motion, the…
1Opinion of the CourtHardin, J.
The complaint sets out a complete cause of action, upon a promissory note, and gives a copy of the note. The complaint then, secondly, states that in June, 1875, the plaintiff was the owner and holder of a promissory note, dated March 20, 1871, for $300, made and executed by the defendant, “ the consideration of which was $300 loaned and advanced by said plaintiff to said defendant at that time, and by which the said defendant promised to pay, sixty days after date, the said sum of $300 and interest, on which there was due and owing, on the said 1st day of June, 1875, the sum of *454$300 and…
2Cases cited4 opinions
- Depuy v. SwartNew York Supreme Court · 1829
- Esselstyn v. . WeeksNew York Court of Appeals · 1855
- Isles v. TuckerThe Superior Court of New York City · 1856
- Philips v. PetersNew York Supreme Court · 1855
3Cited by1 opinion
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892