Turnbull v. Osborne
New York City Court
Appeal from a judgment. Joseph. W. Turnbull sued Eli Osborn and Charles B. Fish in the Brooklyn city court,' for six thousand five hundred dollars, money lent and advanced. The answer was a general denial.
Read the full summary
Appeal from a judgment. Joseph. W. Turnbull sued Eli Osborn and Charles B. Fish in the Brooklyn city court,' for six thousand five hundred dollars, money lent and advanced. The answer was a general denial. On the trial, the plaintiff proved that on February 9, 1870, he had a check for seven thousand dollars, drawn by Mayor Kalbfleisch, of Brooklyn, and that this check he had given to Fish, and received in return three checks made by Osborn & Fish (the defendants). One of these checks was for three hundred and fifty dollars, another for one hundred and fifty dollars. Both of these had been…
1Opinion of the Court
By the Court.—Neilson, J.
This action was brought to recover six thousand five hundred dollars, *202claimed to have been lent and advanced by the plaintiff to the defendants. The answer denied the making of the loan or advance, thus presenting the only issue of fact arising on the pleadings.
The allegation and the denial of indebtedness went to a mere legal inference or conclusion (Fosdick v. Groff, 22 How. Pr., 158).
On the hearing before the referee, it appeared that on February 9, 1870, the plaintiff, who held and owned the check of Mayor Kalbfleisch for seven thousand dollars, indorsed and…
2Cases cited2 opinions
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Fosdick v. GroffNew York Supreme Court · 1861
3Cited by1 opinion
- People ex rel. Brown v. GreenNew York Court of Common Pleas · 1874