Herrick v. . Woolverton
New York Court of Appeals
Appeal from an order of the General Term, third district, granting anew trial on a verdict rendered at the circuit in favor of the defendant.
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Appeal from an order of the General Term, third district, granting anew trial on a verdict rendered at the circuit in favor of the defendant. The action was brought on a promissory note made by the defendant, on the 9th day of February, 1861, for $1,500 on demand, with interest, to the order of H. D. Hawkins, and immediately on the same day indorsed by him, and delivered to Jonathan E. Herrick, who was the original holder or indorsee; who continued to hold it until the 28th of April, or 1st of May, 1861, when he transferred it to his brother, Delaus W. Herrick, the plaintiff. The note was…
1Concurrence
The exception to the testimony given by the defendant upon his being recalled was not well taken. It does not appear to have been material to any issue between the parties. The stock for which Herrick said he was offered ninety-five or ninety-six cents, and which the defendant told him he had better sell, does not appear to have been the stock transferred to the defendant, in respect to which, the issue between the parties was, whether it had been borrowed by the defendant of Herrick, and the note in suit given as a security for the return of a like amount of stock, or whether it had been…
2Cases cited6 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Merritt v. . ToddNew York Court of Appeals · 1861
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Clarke v. CrandallNew York Supreme Court · 1858
- Payne v. SlateNew York Supreme Court · 1863
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