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…
1Opinion of the CourtLandon, J.
The jury decided the signature to be genuine upon testimony which, no doubt, admitted of a decision either way. This issue was sharply litigated. In the absence of any erroneous ruling, we ought not to set aside the verdict upon this issue. The plaintiff, in the first instance, rested his case without showing any consideration other than that which the note and his possession and production of it imported. The trial court refused to non-suit the plaintiff, and held that, if the note was genuine, there was a presumption of consideration sufficient to authorize a recovery, and that the burden…
2Cases cited11 opinions
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Perley v. PerleyMassachusetts Supreme Judicial Court · 1887
- Dean v. CarruthMassachusetts Supreme Judicial Court · 1871
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3Cited by5 opinions
- Mortimer v. ChambersNew York Supreme Court · 1892
- Poncin v. FurthWashington Supreme Court · 1896
- Johannessen v. MunroeNew York Supreme Court · 1895
- Hardinge v. United States Zinc Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Wells v. MonihanNew York Supreme Court · 1891