Parshall v. Klinck
New York Supreme Court
ACTION upon a guaranty made by the defendant of payment of a promissory note for $200, made by O. K. Klinck, dated February. 13, 1861, payable sixty days after the date, and transferred to the plaintiff; also upon an indorsement by the defendant of a note for $175, made by O. K. Klinck, payable to the order of the defendant, and indorsed to the plaintiff. Defense, as to the note of $200, of payment, and an offer of judgment for the amount of the other note, with costs.
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ACTION upon a guaranty made by the defendant of payment of a promissory note for $200, made by O. K. Klinck, dated February. 13, 1861, payable sixty days after the date, and transferred to the plaintiff; also upon an indorsement by the defendant of a note for $175, made by O. K. Klinck, payable to the order of the defendant, and indorsed to the plaintiff. Defense, as to the note of $200, of payment, and an offer of judgment for the amount of the other note, with costs. The action was tried at the April circuit, in 1862, in Wayne county, before Mr. Justice Mason, and a jury. At the trial, Owen…
1Opinion of the Court
*208 By the Court,
E. Darwin Smith, J.. .It seems -to me that a new trial ought to be granted in this case, on the ground of surprise and' newly discovered evidence. The action, so far as it relates to any matter in dispute, is upon a promissory note for $200. This note was dated Febuary 13,1861, at sixty days, and fell due April -17. The defensé- to the note is that of payment. The answer sets up that said note was by the maker, before the commencement • of the suit, duly paid off, satisfied and discharged. The pleadings ; are' not verified, and it does not appear when the action was commenced ;…
2Cases cited2 opinions
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