Harding v. . Tifft
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a promissory note for $500, made by defendants Skinkle & Howlet, and indorsed by defendant Tifft, for their accommodation. The answer set up a payment of $275. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a promissory note for $500, made by defendants Skinkle & Howlet, and indorsed by defendant Tifft, for their accommodation. The answer set up a payment of $275. The facts appear sufficiently in the opinion. It was error to exclude the evidence offered by defendant to show that the payment of $275, made in June, 1873, was raised by the use of appellant’s name for the express purpose of applying it on the note…
1Opinion of the CourtRapallo, J.
The point upon which the appellant relies for the reversal of the judgment in this action is, that on the trial the court excluded evidence of the fact that the sum of $275 which was paid in June, 1873, by Skinkle to the plaintiff, had been raised by Skinkle by the use of the name of the defendant as an accompiodation indorser, for the purpose of being applied towards the payment of the note in suit. It was not proved or offered to be proved that knowledge of this fact was communicated to the plaintiff. Skinkle testified' that in the spring before the payment he told the plaintiff that he…
2Cases cited1 opinion
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
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- United States v. Johnson, Smathers & RollinsCourt of Appeals for the Fourth Circuit · 1933
- Salt Lake City v. O'ConnorUtah Supreme Court · 1926
- Jordan v. Bank of MorriltonSupreme Court of Arkansas · 1925
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