Legal Opinion

McClelland v. . Norfolk Southern R.R. Co.

New York Court of Appeals

Decided October 2, 1888PublishedCited by 56 opinions

Appeal from judgment of tlie General Term of the Court of Common Pleas, in and for the city and county of Hew York, entered upon an order made May 13, 1886, which affirmed an order of the General Term of the City Court of said city, reversing a judgment in favor of plaintiff, entered upon a verdict, and which directed judgment absolute in favor of defendant. The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of tlie General Term of the Court of Common Pleas, in and for the city and county of Hew York, entered upon an order made May 13, 1886, which affirmed an order of the General Term of the City Court of said city, reversing a judgment in favor of plaintiff, entered upon a verdict, and which directed judgment absolute in favor of defendant. The nature of the action and the material facts are stated in the opinion. A coupon-holder can sue upon his coupons, detached from the bonds, the .coupons having thus become complete negotiable instruments. (Thompson v. County of Lee, 3…

1Opinion of the Court

Ruger, Ch. J.

The complaint counts upon fourteen several interest coupons for the sum of $30 each, and alleges the liability of the defendant thereon, by virtue of its assumption of the obligations of the Elizabeth and Norfolk Railroad Company, who were the makers of such coupons.

The answer sets up as a defense that the time for the payment of the coupons for a period of five years, covering those in question, had, for a good consideration, been extended by a majority of the holders of bonds issued simultaneously with those from which such coupons had been detached, under the authority of…

2Cases cited5 opinions

  1. McClure v. Township of OxfordSupreme Court of the United States · 1877
  2. Thomson v. Lee CountySupreme Court of the United States · 1866
  3. Clark v. Iowa CitySupreme Court of the United States · 1875
  4. Evertson v. . National Bank of NewportNew York Court of Appeals · 1876
  5. Frank v. . WesselsNew York Court of Appeals · 1876

3Cited by56 opinions

  1. Enoch v. BrandonNew York Court of Appeals · 1928
  2. Batchelder v. Council Grove Water Co.New York Court of Appeals · 1892
  3. Allan v. Moline Plow Co.Court of Appeals for the Eighth Circuit · 1926
  4. Kohn v. Sacramento Electric, Gas Ry. Co.California Supreme Court · 1914
  5. Crosthwaite v. Moline Plow Co.District Court, S.D. New York · 1924

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