Marine Bank of N.Y. v. . Clements
New York Court of Appeals
Appeal from judgment of Superior Court of Hew York, affirming a judgment in favor of the plaintiffs. The action was upon a subscription note for $1,000, made by the defendant to the International Insurance Company, and of which the plaintiffs claimed to be the holders.
Read the full summary
Appeal from judgment of Superior Court of Hew York, affirming a judgment in favor of the plaintiffs. The action was upon a subscription note for $1,000, made by the defendant to the International Insurance Company, and of which the plaintiffs claimed to be the holders. The answer set up that the note was indorsed to the plaintiffs without authority; that it was assigned by the president of the insurance company, with others of its effects, amounting to over one thousand dollars, without any previous resolution of the board of directors; and that the company was then insolvent, and that the…
1Opinion of the CourtHogeboom, J.
I am of opinion that there was no valid exception to the instruction of the court, that the circumstances proved did not amount to notice to the plaintiffs, of the circumstances under which McCready, Mott & Co. received the note. This was a question of fact which the defendant’s counsel did not ask to have submitted to the jury, and upon which, without such request, he is concluded by the finding of the judge. Having allowed the judge to be substituted in the place of the jury on that question, and there being evidence to sustain the conclusion at which the court arrived, the matter of fact…
2Cases cited12 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Parish v. . WheelerNew York Court of Appeals · 1860
- Davis v. . McCreadyNew York Court of Appeals · 1858
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank of Attica v. Pottier & Stymus Manufacturing Co.New York Supreme Court · 1888
- Lamb v. HirschbergNew York Court of Common Pleas · 1892
- Lycoming Trust Co. v. AllenSuperior Court of Pennsylvania · 1931
- Woods v. FrancklynNew York Court of Common Pleas · 1892
- Lay v. AustinSupreme Court of Florida · 1889
3 more not listed; retrieve them via the Exa API.