Spofford v. . Rowan
New York Court of Appeals
Appeal from judgment of the General Term of the Court, of Common Pleas for the city and county of FTew York,, entered upon an order made the first Monday of January, 1887,, which affirmed a judgment of the General Term of the City Court, in favor of plaintiff and affirmed a judgment entered upon a verdict in that court and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are; stated in the opinion.
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Appeal from judgment of the General Term of the Court, of Common Pleas for the city and county of FTew York,, entered upon an order made the first Monday of January, 1887,, which affirmed a judgment of the General Term of the City Court, in favor of plaintiff and affirmed a judgment entered upon a verdict in that court and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are; stated in the opinion. The court should have, granted defendant’s motion for judgment on the counter-claims. (Code Civ. Pro. §§ 501, 3174; 1 Field’s…
1Opinion of the CourtHaight, J.
This action was brought upon a check for $1,000, post-dated, which it was alleged was given upon a loan of that amount by the plaintiff to the defendant. The defense was that the money was paid by the plaintiff to the defendant to apply upon a pre-existing obligation, and that the check was given as a mere memorandum, without any intention that it should be paid.
Upon this issue the evidence was conflicting, and the rights of the parties were settled by the verdict. The chief question brought up for review arises out of the motion for judgment upon the counter-claims set up in the answer on…
2Cases cited5 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Briggs v. BriggsNew York Supreme Court · 1855
- McCulloch v. VibbardNew York Supreme Court · 1889
- Mynderse v. SnookNew York Supreme Court · 1869
- Briggs v. . Briggs and VoseNew York Court of Appeals · 1857
3Cited by23 opinions
- Burns v. LopezNew York Court of Appeals · 1931
- Picard v. LangAppellate Division of the Supreme Court of the State of New York · 1896
- Hunter v. BoothAppellate Division of the Supreme Court of the State of New York · 1903
- Roldan v. PowerThe Superior Court of the City of New York and Buffalo · 1895
- In re ShultsDistrict Court, W.D. New York · 1904
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