Duguid v. Ogilvie
New York Court of Common Pleas
Appeal from a judgment upon the report of a referee. This was an action brought to recover for services rendered by plaintiff to the defendant. The issues were referred. The plaintiff having proved his services, the defendant adduced evidence tending to depreciate the value of them, and also showed, that some time after the services were rendered, the plaintiff gave his note to the defendant for seventy-five dollars, and paid it at maturity.
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Appeal from a judgment upon the report of a referee. This was an action brought to recover for services rendered by plaintiff to the defendant. The issues were referred. The plaintiff having proved his services, the defendant adduced evidence tending to depreciate the value of them, and also showed, that some time after the services were rendered, the plaintiff gave his note to the defendant for seventy-five dollars, and paid it at maturity. The testimony was here closed on both sides, and the cause was summed up and submitted. The counsel for defendant contended that the making and payment…
1Opinion of the CourtDaly, J.
There was no error in the referee’s allowing additional evidence to be given after the case was summed up *147and submitted to Mm. It appears to have been done upon Ms own motion, and was confined to a particular point. The plaintiff, long after he had performed the services for which he sought to recover, gave the defendant his promissory note of §75, and paid it when it fell due. This appearing in evidence, unaccompanied by any explanation, warranted the presumption that nothing was due to the plaintiff when he paid the amount of this note to the defendant. (De Freest v. Bloomingdale, 5 Den.,…
2Cases cited2 opinions
- De Freest v. BloomingdaleNew York Supreme Court · 1848
- Cleaveland v. HunterNew York Supreme Court · 1828