Carnright v. Gray
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Cornelius W. Carnright against Morgan Gray and William Freligh, as executors, etc., of Samuel E. Freligh, deceased, upon a promissory pote alleged to have been made by said Samuel P. Freligh, as follows: “Quarryville, September 2d, 1871. Thirty days after death I promise to pay to Cornelius W. Carnright fifteen hundred dollars, with interest. Samuel P. Freligh.”
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Appeal from circuit court, Ulster county. Action by Cornelius W. Carnright against Morgan Gray and William Freligh, as executors, etc., of Samuel E. Freligh, deceased, upon a promissory pote alleged to have been made by said Samuel P. Freligh, as follows: “Quarryville, September 2d, 1871. Thirty days after death I promise to pay to Cornelius W. Carnright fifteen hundred dollars, with interest. Samuel P. Freligh.” The defense was a denial that the testator made the note, and an allegation that there was no consideration therefor. The jury found a verdict for plaintiff for $3,395.75. From the…
1Dissent
Learned, P. J.,
(dissenting.) This is an action on a written instrument alleged to'haye been made by the testator of the defendants in the words and figures following: “Quarryville, September 2d, 1871. Thirty days after death I promise to pay to Cornelius W. Cam right fifteen hundred dollars, with interest. Samuel P. Freligh.” Freligh died June 21,1888. The answer denies the making of the writing, and alleges, also, that there was no consideration. The jury found a verdict for plaintiff of $3,395.75. After the plaintiff had given evidence tending to show that the writing was in the handwriting…
2Cases cited14 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Worth v. . CaseNew York Court of Appeals · 1870
- Earl v. . PeckNew York Court of Appeals · 1876
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