Whitney v. . the National Bank of Potsdam
New York Court of Appeals
Appeal from the late General Term of the Supreme Court in the Fourth judicial district. The action was to recover the amount paid in satisfaction of a promissory note given by the plaintiff to the defendant, as alleged, and as the jury have found, upon the purchase of a note made by one Joseph Whitney, and purporting to have been indorsed by one Daniel Whitney, and the costs of the prosecution and defence of a suit upon the plaintiff’s note, which was transferred by the…
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Appeal from the late General Term of the Supreme Court in the Fourth judicial district. The action was to recover the amount paid in satisfaction of a promissory note given by the plaintiff to the defendant, as alleged, and as the jury have found, upon the purchase of a note made by one Joseph Whitney, and purporting to have been indorsed by one Daniel Whitney, and the costs of the prosecution and defence of a suit upon the plaintiff’s note, which was transferred by the defendant before due, and upon which a judgment was recovered against the plaintiff, and also the costs of an unsuccessful…
1Opinion of the CourtAllen, J.
Two questions of fact were litigated upon the trial, and were submitted to and passed upon by the jury: 1. Whether the plaintiff) upon the occasion of giving his note to the defendant, which he was subsequently compelled to pay, purchased and took title to the note purporting to have been indorsed by Daniel Whitney, or whether he gave his note in payment and satisfaction of that note; and, 2. Whether the indorsement of Daniel Whitney was genuine or a forgery.
These questions were distinctly submitted to the jury, and they have found both in favor of the plaintiff) that is, that the indorsement…
2Cases cited2 opinions
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Herrick v. WhitneyNew York Supreme Court · 1818
3Cited by10 opinions
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Littauer v. . GoldmanNew York Court of Appeals · 1878
- Bell v. . DaggNew York Court of Appeals · 1875
- Missouri Lincoln Trust Co. v. Third National BankMissouri Court of Appeals · 1910
- Lawyers' Fund for Client Protection v. Morgan Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1999
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