Tillman v. Rayner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Willis A. Bayner, as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 3d day of May, 1907, upon the report of a referee.
1Opinion of the Court
Cochrane, J. :
The learned referee has found that on June 10, 1902, the plaintiff and the defendant’s testator stated an account between themselves which showed a balance of $721.27 due from said testator to the plaintiff. This finding is not criticised.
Defendant introduced in evidence a receipt dated on said 10th day of June, 1902, for the sum of $600 in full settlement of the above-mentioned stated account, which receipt purported to have been signed by the plaintiff. A check of the same date on the First FTational Bank of Waverly to the order of plaintiff for $600, reciting in the body…
2Cases cited1 opinion
- Brayman v. StephensNew York Supreme Court · 1894