Garfield National Bank v. Colwell
New York Supreme Court
Appeal from circuit court, New York county. Action by the Garfield National Bank against Frank W. Colwell on a note given by defendant to S. S. Hepworth & Co., and by them indorsed to plaintiff. From a judgment in favor of plaintiff, defendant appeals. For former litigation between the same parties, see 4 N. Y. Supp. 5, and o N. Y. Supp. 956.
1Opinion of the CourtDaniels, J.
The verdict was recovered for the amount shown to have been unpaid upon a promissory note made by the defendant on the 19th of August, 1887, by which he promised to pay $6,400 to the order of S. S. Hep-worth & Co. at the Garfield National Bank. The complaint contained the allegation that the note had been delivered to the payees therein named, and that they, before its maturity, had indorsed and delivered it, for value received, to the plaintiff. This allegation was denied by the answer, the third subdivision stating that the defendant denied “that he ever delivered said note to the firm of…
2Cases cited2 opinions
- Gallaudet v. SteinmetzThe Superior Court of New York City · 1879
- Giraudat v. KornNew York Court of Common Pleas · 1878
3Cited by4 opinions
- Behrens v. KruseSupreme Court of Minnesota · 1916
- Keller v. FeldmanNew York Court of Common Pleas · 1893
- People ex rel. Glennon v. MartinNew York Court of Common Pleas · 1895
- Perkins v. WhitneyNew York Supreme Court · 1890