Legal Opinion

Ellenwood v. Fults

New York Supreme Court

Decided July 14, 1863Published

APPEAL, by the defendant, from a judgment entered at a special term, on the verdict of a jury. The complaint was on a promissory note for $500, alleged to have been made by the defendant and his son Chauncey Fults, to the plaintiff dated April 24, 1860, at 19 months; due November 24, 1861. The note was alleged to be lost. The answer denied the making of the note, &c., and alleged settlement and discharge.

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APPEAL, by the defendant, from a judgment entered at a special term, on the verdict of a jury. The complaint was on a promissory note for $500, alleged to have been made by the defendant and his son Chauncey Fults, to the plaintiff dated April 24, 1860, at 19 months; due November 24, 1861. The note was alleged to be lost. The answer denied the making of the note, &c., and alleged settlement and discharge. The son Chauncey had assumed to sign the defendant’s name to the note in question, to secure the plaintiff" for part of the purchase money of a scow bought of him; part being paid down, and…

1Opinion of the Court

By the Court, Mullin, J.

There was a conflict of evidence as to whether or not the defendant ratified the act of his son in signing his (the defendant’s) name to the $500 note, and the finding on that question must be held conclusive.

The defendant moved for a nonsuit, .on the ground that there was no sufficient proof of the loss of the note. The court denied the motion, and the defendant’s counsel now insists that the judge erred in denying the motion. The loss of the note is alleged in the complaint' and denied in the answer. The plaintiff was therefore apprised that he must prove the loss by…

2Cases cited1 opinion

  1. Church v. BrownNew York Supreme Court · 1859

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