Ferguson v. . Netter
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2,1910, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2,1910, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the defendant’s own proof he had accepted the draft unconditionally, had taken possession of the shipping documents and withdrawn the goods without asking for an opportunity to examine them, and never validly rejected them after examination; hence his liability was…
1Opinion of the CourtWerner, J.
The action is upon an accepted draft, which was assigned after maturity by the drawer to the plaintiff. The defense is failure of consideration, and the present defendant is the executor of the acceptor of the draft, the latter having died after the action had proceeded to judgment and an appeal had been taken to the Appellate Division.
The parties to the transaction which culminated in this litigation were Henry Vialars, the drawer of the draft, and Charles S. Netter, the acceptor thereof. For convenience and brevity we shall refer to them by their surnames. Vialars is a packer and shipper of…
2Cited by5 opinions
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- Niehoff-Schultze Grocer Co. v. GrossAppellate Division of the Supreme Court of the State of New York · 1923
- Sanchez-Lopez v. Fedco Food Corp.City of New York Municipal Court · 1961
- Leiter v. Innis, Speiden & Co.Appellate Terms of the Supreme Court of New York · 1912
- R. Young Bros. Feed Co. v. SeymourAppellate Division of the Supreme Court of the State of New York · 1912