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23 Jones & S. 308

Lorillard v. Clyde

The Superior Court of New York City

Decided February 6, 1888

The Superior Court of New York City · decided 1888-02-06

Action to recover an instalment under contract by which defendants on their part, guaranteed and agreed to pay plaintiff, in each and every year of the term of seven years succeeding July 1, 1874, dividends of not less than seven per cent, upon the par value of the stock of a certain corporation, amounting to the sum of $150,000, subscribed and paid for by plaintiff. Further facts appear in the opinion.

Decided 1888-02-06

Per Curiam.

¶1In the trial below, two judgment rolls were offered in evidence by the plaintiff. It was then, and on the argument of this appeal, assumed that, prima facie, the judgments were adjudications against the defendants on an issue made by the answer in this action, of the same kind as made in the answers in the former actions.

¶2To show that actually the adjudications were not made in the former actions, the defendants asked of a witness questions, framed to show that in the former actions the defendant had given'no testimony in support of the defenses. These questions were properly excluded, because,' although testimony might not have been given, the defenses were not withdrawn. If not withdrawn *311and they were not supported by testimony, adjudications must have been made competently against the defendants.

¶3Judgment and order affirmed with costs.

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