Scranton v. Clark
New York Supreme Court
THIS was an appeal by the plaintiffs from a judgment rendered at the circuit, after a trial by jury. The action was brought upon a promissory note, made by the defendant, dated October 18, 1855, and payable to E. B. Litchfield, or order, for the sum of $2673.37, one year after date.
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THIS was an appeal by the plaintiffs from a judgment rendered at the circuit, after a trial by jury. The action was brought upon a promissory note, made by the defendant, dated October 18, 1855, and payable to E. B. Litchfield, or order, for the sum of $2673.37, one year after date. It was claimed by the defendant, that on the ,8th day of November, 1858, the note belonged to one A. G-. Jerome, and was in his possession ; that he sold it to W. W. Leland, and that it was paid by the defendant to Leland. The plaintiff claimed that the note did not belong to J eróme at the time of the sale to…
1Opinion of the Court
By the Court,
Emott, J.
The note upon which this action is brought was never, at any time, in the possession of W. W. Leland, to whom the defendant alleges that he paid it. Whether it was in the possession of Jerome, from whom Leland claims to have received it at the time when the transaction occurred, in 1858, in which the defendant insists that Jerome transferred the note to Leland, and whether Jerome then owned the note, are questions upon which there was, to some extent at least, a conflict of evidence at the trial. The note was made October 16th, 1855, by the defendant, Clark, payable to…
2Cases cited2 opinions
- Defreeze v. TrumperNew York Supreme Court · 1806
- Edick v. CrimNew York Supreme Court · 1851
3Cited by2 opinions
- Atkins v. HosleyNew York Supreme Court · 1874
- Mills v. PorterNew York Supreme Court · 1874