Hegewisch v. . Silver
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 9, 1893, which reversed an order made at Circuit granting a nlotionfor a new trial. This action was brought by plaintiff as receiver of the United States Bolling Stock Company, to recover upon a promissory note given to plaintiff by the Decatur and Nashville Improvement Company, and indorsed by defendant.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 9, 1893, which reversed an order made at Circuit granting a nlotionfor a new trial. This action was brought by plaintiff as receiver of the United States Bolling Stock Company, to recover upon a promissory note given to plaintiff by the Decatur and Nashville Improvement Company, and indorsed by defendant. The complaint averred the making of the note, its indorsement by the defendant, its delivery for value before maturity to the United States Bolling Stock Company, its presentation and…
1Opinion of the Court
Andrews, Ch. J.
It is insisted in behalf of the plaintiff that the complaint was dismissed at the trial on the sole ground that he was not the real party in interest, and that the only question which can now be considered arises on the exception taken by the plaintiff’s counsel to the ruling of the trial judge upon this point. If there were other grounds stated in the motion which were well founded, these, it is insisted, cannot be considered, because, having been overruled, and being such that if the motion had been entertained the objection might have been obviated by further evidence, it…
2Cases cited2 opinions
- Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
- Colegrove v. BreedNew York Supreme Court · 1846
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- Farmers' Loan & Trust Co. v. PendletonAppellate Division of the Supreme Court of the State of New York · 1906
- United States Fidelity & Guaranty Co. v. KoehlerCourt of Appeals of Georgia · 1927
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