Hague v. Cone

City of New York Municipal Court

Hague v. Cone

23 N.Y.S. 1165

DecidedMay 9, 1893

StatusPublished

This text of 23 N.Y.S. 1165 (Hague v. Cone) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hague v. Cone, 23 N.Y.S. 1165 (N.Y. Super. Ct. 1893).

Pincite

Opinion

EITZSIMONS, J.

The debt of defendant to plaintiff was clearly proved. The defense of payment was a question of fact, and apparently was not proved to the satisfaction of the jury. The claim made by defendant, that plaintiff applied the proceeds of her husband’s note to the payment of the cause of action at bar, was disbelieved by the jury. They evidently believed that said note was applied in payment of the husband’s debt, as agreed upon by plaintiff and defendant’s husband.

Finding no error, the judgment is affirmed, with costs.

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EITZSIMONS, J.

The debt of defendant to plaintiff was clearly proved. The defense of payment was a question of fact, and apparently was not proved to the satisfaction of the jury. The claim made by defendant, that plaintiff applied the proceeds of her husband’s note to the payment of the cause of action at bar, was disbelieved by the jury. They evidently believed that said note was applied in payment of the husband’s debt, as agreed upon by plaintiff and defendant’s husband.

Finding no error, the judgment is affirmed, with costs.

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Bluebook (online)

23 N.Y.S. 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hague-v-cone-nynyccityct-1893.