Underhill v. Crawford
New York Supreme Court
MOTION for a new trial. The action was "brought to recover the amount of four promissory notes made by the defendant Crawford, three of which were also signed by the defendant Mitchell. The fourth was not signed hy Mitchell, and he denied his liability to pay the same. The notes were payable to Peter Underhill, and the action was brought by him.
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MOTION for a new trial. The action was "brought to recover the amount of four promissory notes made by the defendant Crawford, three of which were also signed by the defendant Mitchell. The fourth was not signed hy Mitchell, and he denied his liability to pay the same. The notes were payable to Peter Underhill, and the action was brought by him. The action subsequently abated by his death, and was, by an order of the court, revived in the name of the plaintiff as his executor. The substance of the pleadings, and the facts appearing, and the questions raised, on the trial, are sufficiently set…
1Opinion of the CourtSutherland, J.
As to three of the notes on which this action was brought, amounting at the time of the trial to $1424.75, there was no answer or defense by either of the defendants, and the plaintiff was entitled to a verdict for the amount of the three notes; and the judge before whom the cause was tried was right in denying the motion for a nonsuit, provided a recovery could be had in the name of John B. Underhill, as executor, &c., in whose name, as executor, &c., the action had been revived on the death of Peter Underhill, the original plaintiff I think the order of revivor was at the trial conclusive…
2Cited by8 opinions
- Smith v. . ZalinskiNew York Court of Appeals · 1884
- Dickinson v. OliverAppellate Division of the Supreme Court of the State of New York · 1906
- Mundt v. GloknerNew York Supreme Court · 1897
- Ferry v. LaibleNew Jersey Court of Chancery · 1879
- O'Sullivan v. New York El. RailroadThe Superior Court of the City of New York and Buffalo · 1895
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