McVity v. E. D. Albro Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The E. D. Albro Company, from a judgment of the Supreme Court' in favor of the plaintiff, entered in the office of the clerk of the county of Hew York oh the 16th day of June, 1903, upon the verdict of a jury for $9,234.60, and also from an order bearing date the 12th day of June, 19Ó3, and entered in said clerk’s office denying the deféndant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The defendant is a foreign corporation, organized under the laws of the State of Ohio. In April, 1899, and prior thereto the defendant was engaged in dealing in lumber in the city of Hew York. The material facts, which are not seriously disputed, are that in April, 1899, the plaintiff held the defendant’s note for $10,000 for money loaned which was payable on demand with interest at the rate of six per centum per annum; that the plaintiff wrote a letter to the defendant asking for payment of $5,000 on account of this note; that in answer to this demand the plaintiff *111received a…
2Cases cited2 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
3Cited by3 opinions
- Higgins v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Downs v. Jersey Central Power, C., Co.New Jersey Court of Chancery · 1934
- Bassett v. BattleAppellate Division of the Supreme Court of the State of New York · 1938