Van Gieson v. Van Gieson
New York Supreme Court
Appeal by the defendants from a judgment at special term, entered on the report of a referee. The case is sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court,
Welles, P. J.
The complaint was upon a note of $150, which the plaintiff alledged the defendants had not paid. The answer states that on or about the 10th day of August, 1848, the defendants paid the note to the plaintiff. The plaintiff put in no reply to the answer. On the trial before the referee, the defendants’ counsel contended that the fact of payment must be taken as admitted, by the plaintiff’s omission. to reply. The referee held otherwise, and heard the evidence on the question of payment, and reported in favor of the plaintiff for the amount of the note and interest.
The…
2Cited by5 opinions
- Douglass v. Central Land Co.West Virginia Supreme Court · 1878
- Ellison v. . RixSupreme Court of North Carolina · 1881
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Farmers' & Citizens' Bank v. ShermanThe Superior Court of New York City · 1860
- Pollak v. WinterSupreme Court of Alabama · 1910