Griswold v. Kile
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendants, Lewis P. Kile and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the lltli day of January, 1895, upon the verdict of a jury rendered after a trial at the Cortland Circuit, and also from an order entered in said clerk’s office on the 13th day of April, 1896, denying the defendants’ motion for .a new trial made upon a case containing exceptions.
1Opinion of the Court
Landon, J.:
The defendant Mitchell sued the plaintiff upon a promissory note made by him, alleging that he was a bona fide holder for value before maturity, and the plaintiff served an answer containing a general •denial, and alleging that the note was procured by fraud. Afterwards, upon payment by plaintiff of the amount of the note, the action was discontinued, and soon after the plaintiff brought this action to recover back the money he had paid in the former action, and tlie expenses he had incurred therein, charging the three defendants with fraud and conspiracy in procuring .the note, in…
2Cases cited1 opinion
- Adams v. . SageNew York Court of Appeals · 1863
3Cited by1 opinion
- Wilson v. BrackenAppellate Division of the Supreme Court of the State of New York · 1912