Bruyn v. Russell
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Elizabeth R. Bruyn against Benjamin Russell and James B. Keeler, executors of Jacob De Witt, deceased. From a judgment in favor of plaintiff defendants appeal. For former report, see 4 IT. Y. Supp. 784.
1Opinion of the CourtLearned, P. J.
This is an action on a note alleged to have been made by Jacob De Witt, deceased, the testator of defendants. There are two grounds of defense: First, that the note is a forgery; second, that, if not a forgery, it is without consideration. The case was tried before a jury, and a verdict was rendered for the plaintiff. A motion to set aside the verdict was denied. An appeal is taken from the judgment and from the order denying such motion. The case had been tried once before and the judgment then entered was reversed by this court. Bruyn v. Russell, 4 N. Y. Supp. 784. The note is in the…
2Cases cited6 opinions
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- Perley v. PerleyMassachusetts Supreme Judicial Court · 1887
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
- Keteltas v. . MyersNew York Court of Appeals · 1859
- Bruyn v. RussellNew York Supreme Court · 1889
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3Cited by3 opinions
- Grabosski v. GewerzNew York Court of Common Pleas · 1892
- Hardinge v. United States Zinc Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Taylor v. KirkoverThe Superior Court of the City of New York and Buffalo · 1893