Legal Opinion

Olpherts v. Kelly

City of New York Municipal Court

Decided December 15, 1899Published

Appeal from a judgment in favor of the defendant, entered Upon a verdict rendered by a jury.

1Opinion of the CourtSchuchman, J.

The action is brought upon a promissory note .for $100, made by the defendant Alice M. Kelly to the order of A. J. Barnes and transferred by him to the plaintiff.

The answer admits the claim set up in the complaint and sets Up a counterclaim, to wit, that prior to the assignment of the note set up in the complaint the defendant, at the special instance and request of said Barnes, gave and furnished to said Barnes board and lodging from March 20 to April 10, 1899, and also that the defendant rendered services at the like request of said Barnes in nursing him and otherwise taking care of him,…

2Cases cited2 opinions

  1. Baer v. KochNew York Court of Common Pleas · 1893
  2. Bonwell v. AuldNew York Court of Common Pleas · 1894

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