Volume 6 — New York Transcript Appeals (1867–1868)

<p>Testimony— Question — Responsiveness—Evidence— Olerh’s Minutes.</p> <p>The engrossed minutes of a trial kept by the clerk of the Court are competent evidence of the beginning and end of the trial of another action, although his rough minutes, kept in Court while the trial was in progress, are destroyed.</p>

<p>Evidence — Deposition.</p>

<p>Trustees— Commissions — Foreign Corporations— Custody.</p> <p>Where persons are appointed trustees of a foreign company to receive the transfer of title in their names, merely to hold in trust for such company, without becoming custodians of the property, they are not entitled to a commission for the mere use of their names.</p>

<p>Gomplaint — Dismissal—Contract—Part Performance.</p> <p>Where the Plaintiff disqualifies himself from completing his contract by reason of his intemperance, and is for that reason discharged, he cannot recover thereon.</p>

<p>Complaint — Demurrer—Proper Parties — Leave to Plead.</p> <p>When a pleading is sustained — the demuri’er being overruled — and leave is .given to answer the pleading, the demurrant is put to his election to answer over or submit to judgment, and if he submit to judgment.it is final.</p> <p>On an appeal from such judgment to this Court the appeal comes here on the question of affirmance or reversal only, and no leave to plead anew can be given.</p>

<p>Promissory Note — Consideration—Surrender of Old Note.</p> <p>The existence of a prior note, and the fact that the note in suit was given for the renewal of such prior note, is sufficient evidence of a consideration for the latter note, and it is to be presumed that the prior note was given up, in the absence of evidence to the contrary.</p> <p>The giving of such note as a renewal, is a payment of the former note, and an-extinguishment of all liability for the same.</p>