Gaylord v. Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Katherine Gaylord and another, as administrators, etc., of Henderson Gaylord, deceased, against Judson A. Gibson. From a judgment entered on the report of the referee, in favor of plaintiffs, defendant appeals.
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Appeal from judgment on report of referee. Action by Katherine Gaylord and another, as administrators, etc., of Henderson Gaylord, deceased, against Judson A. Gibson. From a judgment entered on the report of the referee, in favor of plaintiffs, defendant appeals. This action is brought to recover upon two promissory notes, one for $200, and the other for $300, executed by the defendant to plaintiffs’ intestate, and also upon a loan of $100, and another of $25, claimed to have been made by the deceased to the defendant. The defense was payment of the notes, denial of the loans, and a…
1Opinion of the CourtParker, P. J.
It seems from the record before us that the clear weight of evidence establishes the payment of the $200 note. It was dated August 28, 1886, due in 90 days, with interest. On September 12, 1887, defendant gave deceased a check for $200, which was paid, and, on November 11th following, gave him another check, for $12.40, which was paid. The amount due on the note for principal and interest September 12, 1887, was just $212.46, and a very strong presumption arises that those two checks paid the note. Defendant was not allowed to testify for what those checks were given, being prohibited from so…
2Cases cited2 opinions
- In re Judicial Accounting of BaldwinAppellate Division of the Supreme Court of the State of New York · 1896
- In re Weatherby's WillAppellate Division of the Supreme Court of the State of New York · 1896