APPEAL by the plaintiff, Warren Jacobus, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chautauqua on the 28th day of August, 1911, upon the verdict of a jury, rendered by direction of the court, dismissing the complaint, and also from an order entered in said clerk's office on the 15th day of August, 1911, denying the plaintiff's motion for a new trial made upon the minutes.
Yorke Allen, for the appellant.
August Becker, for the respondent.
The action is based upon a promissory note, of which the following is a copy:
'$2,500.00 NEW YORK, Oct. 8, 1909.
'Six months after date we promise to pay to the order of ourselves Two Thousand five Hundred & 00/100 Dollars at Newton Trust Co., Newton, N. J. Value received.
'JAMESTOWN MANTEL CO.
'GEO. M. TURNER, Treas.'
Indorsed: 'JAMESTOWN MANTEL CO.
'GEO. M. TURNER, ...