Sheriger v. Gruner

CAYTON, Associate Judge.

Defendant appeals from a judgment entered against him in a suit on a note which was in the following words: “This will acknowledge my obligation to W. O. Gruner in the amount of $150.00 which covers my part of repairs and August rent on house at Picadiíly and Devon Rd., Great Neck, N. Y. Payable 60 days after date.” He defended on two grounds: (1) Mistake, and (2) want of consideration.

A detailed recital of the evidence would serve no useful purpose. It is sufficient to say that the vital points of defendant’s testimony were that he had given the note “by mistake”,…