Legal Opinion

D. M. Osborne & Co. v. Birdsall

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1901PublishedCited by 2 opinions

Appeal by the defendant, Frank G. Birdsall, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of Orange on the 8th day of February,, 1900, upon the,report of a referee. The action was brought to recover upon two promissory notes,, one for $33 and the other for $100, executed by the defendant to-the order of the plaintiff.

Read the full summary

Appeal by the defendant, Frank G. Birdsall, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of Orange on the 8th day of February,, 1900, upon the,report of a referee. The action was brought to recover upon two promissory notes,, one for $33 and the other for $100, executed by the defendant to-the order of the plaintiff. The $100 note, which is the one here involved, was given in payment for a corn harvester sold by the plaintiff to the defendant.

1Opinion of the Court

Woodward, J.:

The plaintiff is engaged in the manufacture and sale of farming implements and machines. The defendant is a farmer, and had, for some years, been engaged incidentally as a selling agent for the plaintiff. On the 22d day of October, 1897, he gave his promissory note to the plaintiff for the sum of thirty-three dollars, eight dollars-of which has been paid, leaving a balance of twenty-five dollars, which is due and unpaid. There is no controversy upon this note and the defendant is willing to permit the judgment as to this note to stand. On the 17th day-of March, 1897,'the parties…

2Cases cited2 opinions

  1. Brown v. . FosterNew York Court of Appeals · 1888
  2. Wiles v. ProvostAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Metal Forms Corp. v. ClemansOhio Court of Appeals · 1931
  2. People ex rel. Shane v. GittensNew York Supreme Court · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API