New York Supreme Court, 1874

Hunt v. Mitchell

Hunt v. Mitchell
New York Supreme Court · Decided June 15, 1874 · Gilbert
4 Thomp. & Cook 57

Counsel

Burrows & Palmer, for appellants., Link & Dennison, for respondent.

Hunt v. Mitchell

Opinion of the Court

Gilbert, J.

We are inclined to think the alteration of the draft was such a material one as to avoid the instrument. But if it could be so regarded, the admission in the answer that the defendants accepted the altered draft pats the fact of the alteration out of the issue, and estops the defendants from raising that objection.

Upon the merits of the defense there was á conflict of evidence, and no sufficient reason for disturbing the verdict has been presented.

The judgment and order denying a new trial must be affirmed, with costs.

Judgment and order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.