James v. . Chalmers
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment in favor of the plaintiff, upon the report of a referee, had been affirmed, and a motion for a rehearing denied. (Reported below, 5 Sandf. 52.) This was an action upon a promissory note, dated the 13th October 1846, whereby the defendant promised to pay to the order of Adams & Brownell, $172.06, in eighteen months from the 1st November 1846, with interest from date.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment in favor of the plaintiff, upon the report of a referee, had been affirmed, and a motion for a rehearing denied. (Reported below, 5 Sandf. 52.) This was an action upon a promissory note, dated the 13th October 1846, whereby the defendant promised to pay to the order of Adams & Brownell, $172.06, in eighteen months from the 1st November 1846, with interest from date. The complaint averred that the payees indorsed the note to the plaintiff, and that he was the lawful holder and owner thereof. The answer…
1Opinion of the CourtWelles, J.
(after stating the facts.) — The points now presented by the appellant, are: 1. That the superior court should have allowed the defendant’s motion to stay the trial: 2. That Lucius T. Beardsley was an incompetent witness: 3. That there was no proof that the plaintiff owned the note.
I shall dismiss the first and second points, with the remark, that, with respect to the first, the order denying the motion does not involve the merits, or necessarily affect the judgment, but presents a question of practice merely, from which an appeal will not lie to this court; and, besides, as a question of…
2Cases cited3 opinions
- Hays v. . HathornNew York Court of Appeals · 1878
- Brisbane v. PrattNew York Supreme Court · 1847
- Eaton v. AlgerNew York Supreme Court · 1868
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- In re the Estate of MasseyNew York Surrogate's Court · 1932
- Rahm v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Commercial Bank of Rochester v. BoltonNew York Supreme Court · 1895
- Marshall v. MeyersMissouri Court of Appeals · 1902
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