Orange County Trust Co. v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alice B. Miller and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Orange on the 12th day of April, 1911, upon the decision of the court rendered after a trial before the court without a jury at the Orange Trial Term.
1Opinion of the Court
Hirschberg, J.:
The action is brought on a promissory note made by the defendants to the order of the plaintiffs’ testatrix. The note was made on the 29th day of July, 1907, in the sum of $293.21, payable three months after date, and the judgment is for that amount, with interest and costs, less $200 paid on account. The testatrix died in March, 1909. The answer alleged as a partial defense that at the time of the execution of the note the payee held another note made by the defendants, the amount of which was included in the note in suit, but upon which they had paid a sum of money which was…
2Cases cited4 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Read v. . Bank of AtticaNew York Court of Appeals · 1891
- Norton v. . CoonsNew York Court of Appeals · 1851
- Holly v. RathboneNew York Supreme Court · 1811