Brink v. Stratton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leander Brink, from a judgment of the County Court of Orange county in favor of the defendants Stratton and Brown, entered in the office' of the clerk of the county of Orange on the 29th day of December, 1904, upon the verdict of a jury dismissing the complaint as to said defendants, and also from an order entered in said clerk’s office on the 29th day of December, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action is upon the following note :
“ $850.00 Middletown, H. Y., July 1st, 1893.
“ On demand we or either of us promise to pay to the order of Leander Brink, Eight Hundred and Fifty Dollars at his office. Value received. With interest from date.
“W. D. STRATTOH,
“ E. A. BROWH,
COREY & CO.”
Of the three makers sued, Stratton and Brown answered. The learned county judge restricted them to their defense of payment. *300This was based upon the contention that the plaintiff expressly agreed to accept in payment of the note in suit the following note, made by Oorey & Co., who were of the…
2Cases cited7 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Oakley v. BoormanNew York Supreme Court · 1839
- Seaman v. SeamanNew York Supreme Court · 1834
- Luddington v. . BellNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re 35% Automobile Supply Co.District Court, S.D. New York · 1917