191 A.D. 676 | N.Y. App. Div. | 1920
Two actions were brought by the plaintiff against the defendant to recover the several amounts due upon three promissory notes — one dated January 15, 1917, for $100, due two months from date; one dated January 24, 1917, for $160, due three months from date, and one dated January 25, 1917, for $145, due four months from date. Each of said notes pm-ported to have been given for value received, indicated by having the words “ value received ” before the signature upon the face of each of said notes. The first note and the
The plaintiff testified that defendant personally delivered to him the $145 note, the $160 note and the check for $15.30, and that he saw her sign the note for $160. The defendant swore that she did not sign the notes, that she was not at home when plaintiff claims to have gone to her home where he says the last above-mentioned notes and check were delivered to him; her son and daughter also testify to the same effect. They also testify that the handwriting is not that of their mother; one expert, a banker, was called in behalf of defendant who gave it as his opinion that the signatures were not in the handwriting of the defendant. The evidence of plaintiff and cross-examination of defendant show, aside from the signatures on the instruments, that these notes were renewals of previous similar notes, and reduced by this payment by check of $15.30; that all of the notes were given before the due dates of the notes they were designed to take up and renew; but bore the several due dates of such notes so to be renewed; the plaintiff was at defendant’s
The charge of the trial judge was fair; neither party excepted. A question of fact was presented for the jury and the verdict is not against the weight of evidence.
The judgment should be affirmed, with costs.
Judgment and order unanimously affirmed, with costs.