Dutcher v. Porter
New York Supreme Court
APPEAL from a judgment entered at a special term, on a trial at the circuit, before the court, without a jury. The action was brought by the plaintiffs as administrators of Cortland Dutcher, deceased, to recover the amount due upon a promissory note, of which the following is a copy: “ Red Brick, Sept. 19th, 1865. '$150. Two years from date, for value received, I promise to pay Cortland Dutcher, or bearer, the sum of one hundred and fifty dollars, with interest from date.
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APPEAL from a judgment entered at a special term, on a trial at the circuit, before the court, without a jury. The action was brought by the plaintiffs as administrators of Cortland Dutcher, deceased, to recover the amount due upon a promissory note, of which the following is a copy: “ Red Brick, Sept. 19th, 1865. '$150. Two years from date, for value received, I promise to pay Cortland Dutcher, or bearer, the sum of one hundred and fifty dollars, with interest from date. Walter M. Porter. Stratton Porter.” The defendant set up a counter-claim, and also claimed that a certain contract was…
1Opinion of the Court
By the Court, P. Potter, J.
From the case, as made up, it is very difficult to determine whether any error was committed, on the trial. The facts transpiring on the trial, as stated in the case, were stricken out, on motion of the plaintiffs’ attorney, and yet we can see that there must have been some evidence which was considered by the judge, in relation to the agreement set up in the answer as a counter-claim, and used on the trial only as a defense. But no point is made that the findings are against the evidence. This agreement, though denied in the plaintiffs’ reply to the answer, must…
2Cases cited3 opinions
- Barnes v. . PerineNew York Court of Appeals · 1854
- Lake v. TysenNew York Court of Appeals · 1852
- De Freest v. BloomingdaleNew York Supreme Court · 1848
3Cited by7 opinions
- Lake v. TysenNew York Court of Appeals · 1852
- Sarraille v. CalmonCalifornia Supreme Court · 1904
- Davis v. GallagherNew York Supreme Court · 1890
- In re the Judicial Settlement of the Accounts of ClarkAppellate Division of the Supreme Court of the State of New York · 1923
- Proctor v. ThompsonNew York Supreme Court · 1882
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