Magee v. . Badger
New York Court of Appeals
The action was against the defendants as maker and indorser of a promissory note for $350, with interest, payable six months after date. The defense was that the consideration was illegal, and that the plaintiff was not a hona fide holder. The cause was tried before Judge Welles, at the Steuben Circuit, and resulted in a verdict for the plaintiff.
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The action was against the defendants as maker and indorser of a promissory note for $350, with interest, payable six months after date. The defense was that the consideration was illegal, and that the plaintiff was not a hona fide holder. The cause was tried before Judge Welles, at the Steuben Circuit, and resulted in a verdict for the plaintiff. The judgment was affirmed on appeal, the opinion of the court being delivered by Johnson, J. (30 Barb., 246.) The following facts appeared on the trial: The note in suit was given to Frederic Davis, Jr., in settlement of a suit brought by him on a…
1Opinion of the Court
At the close of the evidence, nine propositions were submitted to the judge, and an exception was taken to his refusal to adopt them in gross in his charge to the jury. The refusal was right, as several of them were plainly erroneous. The question whether the remaining propositions were correct, is one we are not at liberty to consider under a mere general exception, applicable in common to all. (Hunt v. Maybee, 3 Seld., 266, 273; 20 Barb., 343; Haggart v. Morgan, 1 Seld., 422, 427; Magie v.Baker, 14 N.Y., 437.)
There was no error prejudicial to the defendant in the instructions of the judge…
2Cases cited2 opinions
- Elton v. MarkhamNew York Supreme Court · 1855
- Steinhart v. BokerNew York Supreme Court · 1861
3Cited by44 opinions
- Brown v. SpoffordSupreme Court of the United States · 1877
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Parker v. . ConnerNew York Court of Appeals · 1883
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
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