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2 Hilt. 397

Baker v. Bonesteel

New York Court of Common Pleas

Decided April 15, 1859

New York Court of Common Pleas · decided 1859-04-15

The action was brought to recover for coal sold and delivered to the defendant. It appeared at the trial that the defendant had given, in payment for the coal, a bank bill, which, on being sent to the bank for deposit, was discovered to be a counterfeit. It was thereupon tendered to the defendant, and he refused to receive it.

Decided 1859-04-15

By the Court, Hilton, J.

¶1The witness Brant testified that he gave the identical bills received b)r him from the defendant to *399Marin, the clerk of the plaintiffs; and Marin testified that the bill in question was one of those he so received from Brant. This testimony was uncontradicted, and there was no circumstances shown which warranted the justice in disregarding it. Donohue v. Henry, 4 E. D. Smith, 162. The evidence of Bliss, left no doubt as to the bill being spurious and of no value. It should not, therefore, operate as a payment for the coal shown to have been sold and delivered to the defendant. Markle v. Hatfield, 2 John. 455; Thomas v. Todd, 6 Hill, 340.

¶2The finding of the justice was clearly against the evidence. Judgment reversed.

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