Wilcox v. Hoch
New York Supreme Court
APPEAL by the plaintiff' from, an order made at the circuit, denying his motion to set aside the special verdict, and for a new trial on the judge’s minutes. . The action was brought upon a promissory note. The defense was that the plaintiffs had, for a good consideration, extended the time of payment.
1Opinion of the Court
By the Court,
Mullin, J.
On the trial, the judge submitted to the jury the question, Did the plaintiff agree to extend the payment of the note in suit until the fall of 1861, as claimed in the answer ? and then instructed them to find a verdict for the plaintiff subject to the opinion of the court at general term. The jury found, in obedience to the instruction, a verdict for the plaintiff, answered the question put to them in the affirmative, -and assessed the damages of the plaintiff. The plaintiffs’ counsel moved the court to set aside the special verdict, and for a new trial on the…
2Cases cited5 opinions
- Rich v. RichNew York Supreme Court · 1837
- Cobb v. . CornishNew York Court of Appeals · 1858
- Ely v. AdamsNew York Supreme Court · 1822
- Whitaker v. MerrillNew York Supreme Court · 1858
- Bangs v. PalmerNew York Supreme Court · 1858
3Cited by1 opinion
- Massolo v. Elm Coal & Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1940