Legal Opinion

Northup v. Cheney

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 1898Published

Appeal from trial term. Action on a promissory note by Edwin R. Rorthup and another against Edward D. Cheney, impleaded with Edward W. Cheney. Judgment dismissing complaint against defendant Edward D. Cheney, and motion for new trial denied. Plaintiffs appeal. Reversed."

1Opinion of the CourtMerwin, J.

This action was brought on a note dated Rovember 1,1895, made by E. W. Cheney for $575 and interest, payable 13 months *390after date, to the order of the plaintiffs, Northup & Vanderwerker, at Mutual National Bank, Troy. It was alleged in the complaint, and not denied in the answer of the defendant E. D. Cheney, that the defendant E. W. Cheney delivered the note to the defendant Edward D. Cheney, “who thereupon, for a valuable consideration, indorsed the same, and the same thereupon was, for a valuable consideration, duly transferred and delivered to the plaintiffs.” The allegations of the…

2Cases cited4 opinions

  1. Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
  2. Hodges v. . ShulerNew York Court of Appeals · 1860
  3. Scott v. . MorganNew York Court of Appeals · 1884
  4. The Artisans' Bank v. . BackusNew York Court of Appeals · 1867

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