Schmittler v. . Simon
New York Court of Appeals
Appeal from judgment of the G-eneral Teiun of the Supreme Court in the first judicial department, entered upon an order made Januax*y 3, 1887, which affirxned a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the G-eneral Teiun of the Supreme Court in the first judicial department, entered upon an order made Januax*y 3, 1887, which affirxned a judgment in favor of plaintiff, entered upon a verdict. This action was brought against the defendant as an acceptor of a draft, of which the following is a copy: “ Hew Yobk, February 26, 1877. “Mr. Adam Simon, executor, will please pay to Johannes Schmittler or his order, on the first day of July, which will be the year 1879, the sum of nine hundred doll, with seven per cent interest, to be paid, besides, the amount, yearly, July…
1Opinion of the CourtBradley, J.
Upon the review of a former trial, where the question presented had relation only to the legal import of the terms of the instrument in question, it was held that it was a bill of exchange and that the defendant was, upon his acceptance, personally liable to the plaintiff as indorsee of the paper. (101 N. Y. 554.) This is the review of the succeeding trial, and the admissibility of evidence offered by the defendant is now the subject of inquiry. The defendant was executor of the will of Begina Scharen, deceased. She was the mother of the drawer of the draft. There is some evidence tending to…
2Cases cited14 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Grierson v. . MasonNew York Court of Appeals · 1875
- Brockway v. AllenNew York Supreme Court · 1837
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Smith v. . DotterweichNew York Court of Appeals · 1911
- Megowan v. . PetersonNew York Court of Appeals · 1902
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- Cake v. MohunSupreme Court of the United States · 1896
17 more not listed; retrieve them via the Exa API.