Grey v. . Grey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of defendant, entered upon the report of a referee. The action is brought upon a promissory note of $425, payable one year from date with interest, given upon settlement of accounts between defendant and plaintiffs’ intestate, who died four months after the execution and delivery of the note. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of defendant, entered upon the report of a referee. The action is brought upon a promissory note of $425, payable one year from date with interest, given upon settlement of accounts between defendant and plaintiffs’ intestate, who died four months after the execution and delivery of the note. The facts sufficiently appear in the opinion. Possession of the note, under the circumstances, was not presumptive evidence of its discharge. (Bowman, v. Teall, 23 Wend., 306;…
1Opinion of the CourtPeckham, J.
Defendant and plaintiffs’ intestate, his father, four months prior to his death, settled their accounts, and defendant was found to be indebted to intestate in the sum of $425, for which he gave his note at one year, with interest. Within a day or two after his death this note could not be found, and defendant refusing to pay, this suit was brought.
The plaintiffs having proved its consideration, that the note had been given but could not be found, rested their case. The defendant then produced the note with his name torn off, and testified that he had it in his possession prior to his…
2Cases cited3 opinions
- Coutant v. SchuylerNew York Court of Chancery · 1829
- Edwards v. CampbellNew York Supreme Court · 1856
- Kenney v. Public AdministratorNew York Surrogate's Court · 1853
3Cited by57 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Clift v. . MosesNew York Court of Appeals · 1889
- Denigan v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1899
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
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