Davis Sewing Machine Co. v. . Best
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The notes lacked no formalities required by law to make a valid obligation of a corporation.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The notes lacked no formalities required by law to make a valid obligation of a corporation. (Gottfried v. Miller, 104 U. S. 527.) If there was a by-law requiring the president to sign, and the company isssued its coupon notes without such a signature, and they came into the hands of a bona fide holder for…
1Opinion of the Court
Ruger, Ch. J.
The facts in this case were practically undisputed, and upon the trial a verdict was ordered by the court for the plaintiff for seven, of the ten notes claimed by it.
The General Term affirmed the judgment and the defendant appeals from such affirmance to this court.
The questions presented by the appeal are substantially embraced in two propositions, viz:
First. Whether the notes in suit were negotiable paper entitling a hona fide purchaser thereof, to hold them as against the true owner, and second, whether in case of a recovery by the plaintiff, the jury was authorized to assess…
2Cases cited2 opinions
- Decker v. . MathewsNew York Court of Appeals · 1855
- Ledwich v. . McKimNew York Court of Appeals · 1873
3Cited by11 opinions
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
- Thompson v. St. Nicholas National BankNew York Court of Appeals · 1889
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
- Miners & Merchants' Bank v. Ardsley Hall Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1908
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