Lindsley v. European Petroleum Co.
New York Supreme Court
This was an action brought to recover the amount of thirteen promissory notes made by the European Petroleum Company, to the order of L. E. Lahens, and indorsed by Lahens to the plaintiffs. The answer of the defendant was as follows: “ The defendant comes into court and answering the complaint of plaintiffs, admits the making, indorsement, transfer a.nd delivery of the said notes and denies the other allegations therein contained.”
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This was an action brought to recover the amount of thirteen promissory notes made by the European Petroleum Company, to the order of L. E. Lahens, and indorsed by Lahens to the plaintiffs. The answer of the defendant was as follows: “ The defendant comes into court and answering the complaint of plaintiffs, admits the making, indorsement, transfer a.nd delivery of the said notes and denies the other allegations therein contained.” And then proceeded to set forth an affirmative defence; Upon the trial before a referee, the defendant’s counsel proposed to open the case, and insisted on his…
1Opinion of the Court
After argument, the court declined to look into' the other exceptions in the case, and held that the referee erred in not allowing the defendant to open and close the case, and reversed the judgment accordingly.
Judgment reversed.
2Cited by3 opinions
- Brennan v. Security Life Insurance & Annuity Co.New York Court of Common Pleas · 1872
- Benedict v. PenfieldNew York Supreme Court · 1886
- Millerd v. ThornNew York Court of Appeals · 1874