Ward v. Hoag
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E. Ward, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 21st day of March, 1902, upon the decision of the court, rendered after a trial at the Dutchess County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Woodward, J.:
This action was brought to recover a balance alleged to be due upon a certain promissory note. The answer alleged payment and pleaded the Statute of Limitations. After hearing the evidence the learned trial justice dismissed the complaint upon the ground that the Statute of Limitations had run against the note. The plaintiff appeals.
It is practically admitted by the respondent that the learned court erred in not admitting in evidence certain indorsements made upon the note, and which were alleged to have been placed there in 1897,. while the note was not open to the defense of…
2Cases cited4 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Mills v. . DavisNew York Court of Appeals · 1889
- Desbecker v. McFarLineAppellate Division of the Supreme Court of the State of New York · 1899
- Desbecker v. . McFarlineNew York Court of Appeals · 1901
3Cited by2 opinions
- Demai v. . TartSupreme Court of North Carolina · 1942
- Havens v. GilmourAppellate Division of the Supreme Court of the State of New York · 1903