Hill v. Hotchkin
New York Supreme Court
Appeal from a judgment of the Onondaga County Court in favor of the defendant Hotchldn, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried.
1Opinion of the Court
Smith, J.:
This action was brought upon a promissory note made by the defendant for $600, payable to the order of Lewis O. Hill. The defendant Hotchldn was a surety for his co-defendant, though not signing as such. The defenses interposed were a general denial, usury and a material alteration of the note, the last of which is the only one litigated. The action was commenced in the name of Hill, the payee, and he having died the action was revived and continued in the name of his administrator, the present plaintiff. After answer the defendant Alvord withdrew his defense, and thereafter was…
2Cases cited1 opinion
- Holmes v. WeedNew York Supreme Court · 1857