Holmes v. Roper
New York Supreme Court
Appeal from special term, Tioga county. Action by Jerome D. Holmes against William E. Boper and Eliza W. Boper, administrators, etc., of Job Holmes, deceased.
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Appeal from special term, Tioga county. Action by Jerome D. Holmes against William E. Boper and Eliza W. Boper, administrators, etc., of Job Holmes, deceased. An appeal was taken from a judgment entered against defendants on the 29th day of June, 1889, in Tioga county, for $2,427.84; also from an order confirming the referee’s report entered in said county on the 28th day of June, 1889. There was also an appeal from an order denying a motion for a new trial on the ground of newly-discovered evidence granted at the special term in Tioga on the 1st of October, 1889, and entered on the 15th of…
1Opinion of the CourtHardin, P. J.
Having carefully examined the evidence found in the appeal-book relating to the merits of the controversy had before the referee, we find that the evidence is very conflicting. Defendants, upon the trial before the referee, resisted the claim of the plaintiff on the following grounds: First, that the note was a forgery; second, that, if the note was as a matter of fact signed by Job Holmes, his signature was procured under duress and fraud; third, that the note was void, and was without consideration.
1. By the evidence it appears that Job Holmes died July 7,1887, at about the age of 70 years;…
2Cases cited4 opinions
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Durant v. AbendrothNew York Supreme Court · 1888
- Sproul v. Resolute Fire InsuranceNew York Supreme Court · 1869
- Behrens v. BloomCity of New York Municipal Court · 1889
3Cited by6 opinions
- Glassford v. LewisNew York Supreme Court · 1894
- Colorado Springs & Interurban Railway Co. v. FogelsongSupreme Court of Colorado · 1908
- Dobberstein v. Emmet CountySupreme Court of Iowa · 1916
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- Clark v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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