Conklin v. Field
New York County Court, Suffolk County
The complaint simply claims a balance of $40 due on a note for $50 by defendant to plaintiff. The answer sets up a general denial, and a former suit on said note in bar of this.
1Opinion of the Court
Henry P. Hedges, County J.
The plaintiff held a nóte against the defendant for $50. In June, 1867, he brought an action in justice's court claiming a balance of $10 and interest due thereon. In April, 1868, he brought another action on the same note and claimed $40 due thereon.
The note was proved. The defendant introduced in evidence the judgment in the former action in support of his plea thereof in bar of the action, and he pleaded also a general denial.
An indorsement “ May 15, 1866, received $40,” was by consent erased from the note on the trial. The plaintiff *456then offered to prove .that…
2Cases cited4 opinions
- Clark v. . RowlingNew York Court of Appeals · 1850
- Wyman v. MitchellNew York Supreme Court · 1823
- Dresser v. BrooksNew York Supreme Court · 1848
- Hodges v. HuntNew York Supreme Court · 1856
3Cited by2 opinions
- Kuhn v. American Automatic Knife & Novelty Co.New York Court of Common Pleas · 1894
- Kern v. Caledonian InsuranceAppellate Terms of the Supreme Court of New York · 1919