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4 Thomp. & Cook 57

Hunt v. Mitchell

New York Supreme Court

Decided June 15, 1874

New York Supreme Court · decided 1874-06-15

The action was brought by Sandford M. Hunt, Jr., against Jeremiah Mitchell and Charles Bailey to recover of the defendants, as acceptors, the amount of a draft or bill of exchange. The complaint alleged that on the 1st day of June, 1872, the plaintiff and one Cramer were partners in business at Chicago, under the firm name of Hunt & Cramer, and the defendants were partners in business at Little Falls,K.Y., under the firm name of Mitchell & Bailey.

Decided 1874-06-15

Gilbert, J.

¶1We 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.

¶2Upon the merits of the defense there was á conflict of evidence, and no sufficient reason for disturbing the verdict has been presented.

¶3The judgment and order denying a new trial must be affirmed, with costs.

¶4Judgment and order affirmed.

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