Legal Opinion

Strong v. Dean

New York Supreme Court

Decided December 30, 1869PublishedCited by 8 opinions

npHIS is an appeal from a judgment entered upon the JL report of referees appointed in accordance with the statute to hear and determine a claim against an executor, which was disputed. Upon the trial the plaintiff proved by William H. Hughes, and put in evidence, the following note made by the deceased: “ $600. Blooming Grove, May 16th, 1864. Twelve months after date, for value received, I promise to pay to Edwd.

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npHIS is an appeal from a judgment entered upon the JL report of referees appointed in accordance with the statute to hear and determine a claim against an executor, which was disputed. Upon the trial the plaintiff proved by William H. Hughes, and put in evidence, the following note made by the deceased: “ $600. Blooming Grove, May 16th, 1864. Twelve months after date, for value received, I promise to pay to Edwd. H. Strong, or bearer, heirs or assigns, the sum of six hundred dollars with interest from date. The interest I promise to pay in quarterly payments as follows : on the 1st days of…

1Opinion of the Court

By the Court, Tappen, J.

The defendant’s testator had certain moneyed transactions with the plaintiff, and the proofs show the following, viz: 1. The testator’s note, date May 16th, 1864, for $600, at twelve months, with interest, payable to the plaintiff or bearer. The action is brought on this note, which contains the following clause: “ and for better security, I assign to him a life insurance policy.” The note contains indorsements by the plaintiff of the receipt of interest to November 16, 1864, and August 16, 1865. The testator died in 1866. 2. An assignment by Dean and wife of a policy…

2Cases cited2 opinions

  1. Stearns v. TappinThe Superior Court of New York City · 1856
  2. Stanley v. WhitneyNew York Supreme Court · 1867

3Cited by8 opinions

  1. Anderson v. CranmerWest Virginia Supreme Court · 1877
  2. Owens v. Owens's Adm'rWest Virginia Supreme Court · 1878
  3. Fouse v. GilfillanWest Virginia Supreme Court · 1898
  4. Poling v. HuffmanWest Virginia Supreme Court · 1900
  5. Gist v. GansSupreme Court of Arkansas · 1875

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