Daniels v. Smith
New York Supreme Court
Appeal from judgment on report of referee. Action by Milo A. Daniels against Joseph W. Smith. Defendant appeals-from a judgment entered in Rensselaer county in favor of plaintiff.
1Opinion of the CourtPutnam, J.
Plaintiff, on the first day’s hearing before the referee, testified that in the year 1873 he let defendant have $150 in money; that defendant borrowed it for three days. He was going to New York, and wanted to-borrow it for three days. He (plaintiff) gave him an order on Mr. Clark, and Mr. Clark let him have it. It was due on plaintiff’s house at that time. Defendant gave him back a check for $60 on account of the loan, a few daysafterwards, and the balance lias not been paid. The defendant denied that he-ever borrowed the money of plaintiff, and, on cross-examination, testified that he did…
2Cases cited6 opinions
- Finch v. . ParkerNew York Court of Appeals · 1872
- Grover v. . MorrisNew York Court of Appeals · 1878
- Chrysler v. . RenoisNew York Court of Appeals · 1870
- Jackson ex dem. Bond v. RootNew York Supreme Court · 1820
- Howe Machine Co. v. . PettiboneNew York Court of Appeals · 1878
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