Kelly v. Ferguson
The Superior Court of New York City
Motion for a new trial on a case. The action is brought by plaintiffs as indorsers of a written instrument, reading as follows: “ $12,000. “ San Francisco, February 2, 1865. “ On demand, at 3 o’clock p. m. of that day (no grace), for value received in legal tender notes issued by the government of the United States, I, George 27. Ferguson, promise to pay Alexander Gamble, or order, $12,000, with interest from date at the rate of two per cent per month until paid, payable…
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Motion for a new trial on a case. The action is brought by plaintiffs as indorsers of a written instrument, reading as follows: “ $12,000. “ San Francisco, February 2, 1865. “ On demand, at 3 o’clock p. m. of that day (no grace), for value received in legal tender notes issued by the government of the United States, I, George 27. Ferguson, promise to pay Alexander Gamble, or order, $12,000, with interest from date at the rate of two per cent per month until paid, payable monthly; both principal and interest payable in the legal tender notes issued by the government of the United States. [U.…
1Opinion of the CourtFreedman, J.
Defendant’s request, for permission to go to the jury upon the question whether it was agreed between the defendant and Hr. Gamble that the instrument in suit should be paid in blew York city, was properly denied, for the reason that the court was not bound to submit this ques*415tion to the jury in the face of Gamble’s uncontradicted and unimpeached denial of any such agreement. And the jury having found, by their special verdict, that the erasures in the note were made before its execution, the main question now before me, and relating to the merits, is as to the correctness of the direction of…
2Cases cited3 opinions
- Bronson v. RodesSupreme Court of the United States · 1869
- Quinn v. LloydThe Superior Court of New York City · 1869
- Van Pelt v. OtterThe Superior Court of New York City · 1870