Cushman v. De Mallie
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Monroe county. Action on a note by Sarah J. Cushman against John De Mallie and another. From a .judgment in favor of defendants, and from an order denying a motion for new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtHardin, P. J.
This action was commenced on the 17th day of February, 1899, to recover upon a promissory note made by the defendants, dated February 4, 1894, for $100, and in the complaint it was admitted that $26 had been paid upon the note. The note contained an indorsement as of April 11, 1897. Plaintiff’s husband, Daniel J. Cushman, was called as a witness in behalf of the plaintiff, and testified to the execution of the note, and that he saw the defendants sign it; that he drew up the note at John De Mallie’s house, and that it was delivered the day it bears date, and on the same day it was put in the…
2Cases cited5 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Milliman v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Shultz v. Third Avenue RailroadNew York Court of Common Pleas · 1888
3Cited by2 opinions
- Herbert v. FieldsNew York Supreme Court · 1915
- Minck v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903