Rogers v. . Smith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, setting aside a verdict in favor of plaintiffs and directing a new trial. The action was brought upon a promissory note made by defendant, dated March 10, 1863, for $1,000, payable six months after date, with interest, given to Theodore Rogers, who has since deceased, and of whose estate plaintiffs are administrators.
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Appeal from order of the General Term of the Supreme Court in the first judicial district, setting aside a verdict in favor of plaintiffs and directing a new trial. The action was brought upon a promissory note made by defendant, dated March 10, 1863, for $1,000, payable six months after date, with interest, given to Theodore Rogers, who has since deceased, and of whose estate plaintiffs are administrators. At the same time and in connection with the note defendant executed and delivered the following agreement : “ Whereas, Thomas F. Wells and M. A. Smith, both of the city and State of Mew…
1Opinion of the CourtFolger, J.
The note sued upon, and the agreement given in evidence by the defendant, are cotemporaneous writings between the same parties upon the same subject-matter, and the action being between the same parties or representatives, they may be read and construed as one paper. (Hunt v. Livermore, 5 Pick., 395; Draper v. Snow, 20 N. Y., 331.) So doing, it appears that the plaintiffs’ intestate advanced to the defendant $2,000. It is to be inferred from the papers, and is fully shown from the testimony, that Wells and the defendant were about to commence or had then lately commenced an adventure, which…
2Cases cited1 opinion
- Draper v. . SnowNew York Court of Appeals · 1859
3Cited by21 opinions
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Johnson v. MooreMichigan Supreme Court · 1873
- American Gas & Ventilating Machine Co v. WoodSupreme Judicial Court of Maine · 1897
- Knowles v. . TooneNew York Court of Appeals · 1884
- Federal Credit Bureau, Inc. v. Zelkor Dining Car Corp.Appellate Division of the Supreme Court of the State of New York · 1933
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