Davis v. Marvine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George E. Marvine, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 16th day of April, 1895, upon the verdict of a jury rendered after a trial at the Delaware Circuit, and also from an order entered in said clerk’s office on the 11th day of March, 1896, denying the defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, George E. Marvine, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 16th day of April, 1895, upon the verdict of a jury rendered after a trial at the Delaware Circuit, and also from an order entered in said clerk’s office on the 11th day of March, 1896, denying the defendant’s motion for a new trial made upon a case containing exceptions. The action was brought in the name of Mary E. Jacobs as plaintiff. Since the trial she has died and the administrator of her estate has been…
1Opinion of the Court
Merwin, J.:
On August 25,1888, the defendant executed and delivered to Mary E. Jacobs, plaintiff’s intestate, his promissory note for $8,000, dated that day and payable to the order of Mrs. Jacobs four months from date at a specified bank with interest. On the 25th of August, 1889, a payment of $640 was made to Mrs. Jacobs, and like payments on August 25, 1890, August 25, 1891, August 28, 1892, August 28, 1893. In December, 1894, this action was commenced by Mrs. Jacobs to recover the balance unpaid on the note. In the complaint, the making of the note by defendant and its delivery to Mrs.…
2Cases cited4 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- McKown v. . HunterNew York Court of Appeals · 1864
- Fellows v. . LongyorNew York Court of Appeals · 1883
- Hogan v. . Central Park, North and East River Rd. Co.New York Court of Appeals · 1891
3Cited by2 opinions
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897
- Broadway Trust Co. v. FryAppellate Terms of the Supreme Court of New York · 1903