Meise v. Doscher
New York Supreme Court
Appeal from circuit court, New York county. Action by Louise Meise against John H. Doscher and Henry Newman on a promissory note. From a judgment entered on a verdict in favor of plaintiff for $2,036.77, directed by the court, defendants appeal.
1DissentO’Brien, J.
I dissent from the views of the majority of the court in this case. The plaintiff, in 1889, claimed an indebtedness against the defendant Doscher of $4,500, for which she held three promis-, sory notes for .$1,500 each, made by him and indorsed by the defendant Newman, which notes contained a statement, “with interest at five per cent, per annum.” In adjustment of such indebtedness, the defendant Doscher, in addition to cash, gave two notes of $1,500 each, one of which is the note in suit, and thereupon sur: rendered the notes that he then held. It is conceded that the two notes for $1,500,…
2Cases cited2 opinions
- McGrath v. . ClarkNew York Court of Appeals · 1874
- Farmers' National Bank v. ThomasNew York Supreme Court · 1894