Gaylord v. Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Judson A. Gibson, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Chemung on the 14th day of July, 1894, upon the report of a referee; This action is brought to recover upon two promissory notes, one for $200 and the other for $300, executed by the defendant to plaintiffs’ intestate; and also upon a loan of $100, and another of ' $25, claimed to have been made by the deceased to the…
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Appeal by the defendant, Judson A. Gibson, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Chemung on the 14th day of July, 1894, upon the report of a referee; This action is brought to recover upon two promissory notes, one for $200 and the other for $300, executed by the defendant to plaintiffs’ intestate; and also upon a loan of $100, and another of ' $25, claimed to have been made by the deceased to the defendant. The defense was payment of the notes, denial of the loans, and a counterclaim for a balance of accounts due…
1Opinion of the Court
Parker, P. J.:
It seems from the record before us that the clear weight of evidence establishes the payment of the $200 note. It was dated August 28, 1886, due in 90 days, with, interest. On September 12, 1887, defendant gave deceased a check for $200, which was paid, and on November eleventh, following, gave him another check for $12.46, which was paid. The amount due on the note for principal and interest September. 12, 1887, was just $212.46, and a very Strong presumption arises that those two checks paid the note. Defendant was not allowed to testify for what those checks were given, being…
2Cited by2 opinions
- Bright v. KelleyCourt of Appeals of Maryland · 1935
- In re the Judicial Settlement of the Account of Proceedings of KnappNew York Surrogate's Court · 1925