Potts v. . Dounce
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 16, 1901, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The personal representatives of the decedent Ophelia C. Dounce were properly joined in this action.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 16, 1901, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The personal representatives of the decedent Ophelia C. Dounce were properly joined in this action. The complaint was properly framed and under the evidence the plaintiff was entitled to recover against all of the defendants. (Getty v. Binsse, 49 N. Y. 385; Wood v. Fisk, 63 N. Y. 245; Risley v.…
1Opinion of the CourtGray, J.
This was an action upon a promissory note, made in the following form : “ $1,000.00. Elmira, 17. Y. May 21, 1892. Two years after date we promise to pay to the ords* of Mary Potts one thousand dollars, with interest, value received. Interest payable semi-annually. (Signed) Francis E. Baldwin, Mary S. Daggett, Julia E. Smith, Ophelia C. Dounce.” The complaint, simply, alleged the making of the note; the death of Ophelia C. Dounce, one of the makers, and the issuance of letters testamentary to the executor named in her will, who is joined as a defendant with the three survivors of the makers,…
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- Barnes v. . BrownNew York Court of Appeals · 1892
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- Barnes v. SeligmanNew York Supreme Court · 1890
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