Woodworth v. McGuire

Appellate Division of the Supreme Court of New York

Woodworth v. McGuire

162 A.D. 927, 147 N.Y.S. 1151

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1914

StatusPublished

This text of 162 A.D. 927 (Woodworth v. McGuire) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woodworth v. McGuire, 162 A.D. 927, 147 N.Y.S. 1151 (N.Y. Ct. App. 1914).

Pincite

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, 1. That there was not sufficient evidence to justify a finding by the jury that the defendant acknowledged an indebtedness to the plaintiff and promised in writing to pay the same. 2. That under the proof and circumstances of the case the defendant was entitled to have the jury instructed, as requested, that if the jury “find that the $25 check was not a payment upon this indebtedness, the plaintiff cannot recover,” and that the exception taken to the refusal of the court to so charge presents a reversible error. AH concurred.

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Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, 1. That there was not sufficient evidence to justify a finding by the jury that the defendant acknowledged an indebtedness to the plaintiff and promised in writing to pay the same. 2. That under the proof and circumstances of the case the defendant was entitled to have the jury instructed, as requested, that if the jury “find that the $25 check was not a payment upon this indebtedness, the plaintiff cannot recover,” and that the exception taken to the refusal of the court to so charge presents a reversible error. AH concurred.

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Bluebook (online)

162 A.D. 927, 147 N.Y.S. 1151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodworth-v-mcguire-nyappdiv-1914.