Waterman v. Ball
New York Supreme Court
This action was brought to recover a sum of money upon a written instrument in the words and figures following, to wit: “SUPREME COURT. AMANDA M. BENTLEY, Respondent, against CHARLES WATERMAN, Appellant. ■ ' —...... ......
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This action was brought to recover a sum of money upon a written instrument in the words and figures following, to wit: “SUPREME COURT. AMANDA M. BENTLEY, Respondent, against CHARLES WATERMAN, Appellant. ■ ' —...... ...... V “Received of Charles Waterman, defendant, by O. S. Williams, his attorney, one hundred and fifty dollars, being the amount awarded to me by the surrogate of Oneida county for costs in the above entitled action; and for value received I hereby agree that if, on the final decision of the appeal in said action, the order of said surrogate, in respect to said amount allowed…
1Opinion of the CourtNoxon, J.
—The plaintiff, to maintain his action in this case, was bound to prove that a final decision had been made upon the appeal from the order of the surrogate, by which the order of the surrogate in respect to the amount allowed for costs to Daniel Ball had been reversed or modified. This was the condition of the receipt upon which payment was predicated. The only evidence offered to show the final decision was a record made up and filed in Oneida county, containing no decision or order of the general term of the supreme court. The record1 offered purports to give the order, judgment and decree…
2Cases cited5 opinions
- Schenck v. . DartNew York Court of Appeals · 1860
- Reed v. . ReedNew York Court of Appeals · 1873
- Halsey v. Van AmringeNew York Court of Chancery · 1833
- Bennett v. CouchmanNew York Supreme Court · 1866
- Brown v. EvansNew York Supreme Court · 1861