Coney Island Automobile Race Co. v. Boyton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paul Boyton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of December, 1902, upon the verdict of a jury rendered by direction of the court.
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Appeal by the defendant, Paul Boyton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of December, 1902, upon the verdict of a jury rendered by direction of the court. The action is to recover on a promissory note for $750 given by the defendant to the plaintiff due August 10, 1902. The defense is that the note was delivered pursuant to a written contract, a copy of which is annexed to the answer, and that thereunder the sum named is not payable. The instrument referred to is in the form of an…
1Opinion of the Court
O’Brien, J.:
The principal questions are whether the defense is good, and- if so, whether it was established or the defendant prevented from establishing it by competent evidence which was offered and which, under the objections of the plaintiff, was excluded by the court.
We say these are the principal questions, because it is conceded that the plaintiff is entitled to recover upon the note unless the defense pleaded is one that, if legally established, would exonerate the defendant from liability thereon.
The first proposition, as to whether the defense is good, turns upon the construction to…
2Cited by2 opinions
- Klein v. Louis Barnett Sons, Inc.Appellate Terms of the Supreme Court of New York · 1916
- Abraham Arndt & Bros. v. New York Fruit Water Co.City of New York Municipal Court · 1913