Legal Opinion

Doubleday v. Kress

New York Supreme Court

Decided February 6, 1871PublishedCited by 4 opinions

APPEAL by the defendant from a judgment rendered against him, upon a verdict, at the circuit. The action was brought to recover the sum of $874.92, with interest from J une 1, 1868, being the amount alleged to be due on a certain note made by the defendant, and delivered to the plaintiff, which she could not produce, for the reason that the defendant had wrongfully possessed himself of and withheld it from the plaintiff.

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APPEAL by the defendant from a judgment rendered against him, upon a verdict, at the circuit. The action was brought to recover the sum of $874.92, with interest from J une 1, 1868, being the amount alleged to be due on a certain note made by the defendant, and delivered to the plaintiff, which she could not produce, for the reason that the defendant had wrongfully possessed himself of and withheld it from the plaintiff. The allegations in the complaint áre denied by the answer, except as expressly admitted. The defendant admits the making and delivery of the note set out; alleges payment by…

1Opinion of the Court

By the Court, Talcott, J.

The plaintiff held a note, made by the defendant and payable to the order of the plaintiff, for $800 with interest, payable on the 1st day of April, 1867,- at the office of L. J. Wilkin, in Dundee. When the note fell due the plaintiff gave it to her son-in-law, Murray, at whose house she was stopping, to present for payment. Murray accordingly presented the note to the defendant for payment, at Wilkin’s office, on the 1st day of April, 1867, and the defendant then and there paid the note in full, in cash, and the same was delivered up to him and canceled. At the time…

2Cases cited1 opinion

  1. Hatfield v. ReynoldsNew York Supreme Court · 1861

3Cited by4 opinions

  1. Pennsylvania R. v. AthaDistrict Court, D. New Jersey · 1885
  2. Walker v. State Trust Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. L. M. Rumsey & Co. v. SchmitzSupreme Court of Kansas · 1875
  4. The Fifth Congregational Church of Washington v. BrightDistrict of Columbia Court of Appeals · 1906

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