Cushman v. Mallie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah J. Cushman, from a final judgment of the Suprem.e Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 10th day of April, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of April, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hardin, P. J.:
This action was commenced on the 17th day of February, 1899, to recover upon a promissory note made by the defendants, dated *380February.4;,,1894, for $100, and in the -epijnp'laint it was admitted that $2o had been paid upon the note. The note contained an indorsement as of April 11, 1897.'
Plaintiff’s husband, Daniel J. Cushman, was called as a witness in behalf of the plaintiff and téstified to the execution.of the note and-that he saw the defendants sign it; that he drew up the note at John De Mallie’s house and .that it was delivered the day it bears date, and on the same day…
2Cases cited1 opinion
- Milliman v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Laffin v. RyanAppellate Division of the Supreme Court of the State of New York · 1957
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
- Herbert v. FieldsNew York Supreme Court · 1915
- Minch v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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