Hammond v. . Varian
New York Court of Appeals
Appeal by Allen C. Varían, one of the defendants, from judgment of the General Term of the Supreme Court in the sixth judicial district, in favor of the plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought on a promissory note, dated March 10, 1863, for $125, purporting to have been made by the defendants jointly, payable nine months after date to Charles Boss or bearer.
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Appeal by Allen C. Varían, one of the defendants, from judgment of the General Term of the Supreme Court in the sixth judicial district, in favor of the plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought on a promissory note, dated March 10, 1863, for $125, purporting to have been made by the defendants jointly, payable nine months after date to Charles Boss or bearer. The defendant Allen O. Varían alone answered the complaint, and denied that he ever signed the note, and he alleged that the signature of his name…
1Opinion of the Court
Lott, Ch. C.
The note in question was properly admitted in evidence.
Proof was given by the plaintiff of an admission by the defendant, Allen C. Varían, tending to show, and sufficient, if uncontradicted, to prove that he had made it, and Other evideneé was given of facts and circumstances in relation to its delivery to Boss, the payee, from which it might, in connection with the evidence of such admission, be inferred that it was signed by him. There can, therefore, be no question of the sufficiency of the proof to warrant the note to be read to the jury at the time it was offered and…
2Cases cited2 opinions
- Cunningham v. Hudson River BankNew York Supreme Court · 1839
- Weed v. CarpenterNew York Supreme Court · 1830
3Cited by11 opinions
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- Lamb v. HirschbergNew York Court of Common Pleas · 1892
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1895
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