Legal Opinion

Meyer v. . Hibsher

New York Court of Appeals

Decided January 23, 1872PublishedCited by 26 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth department, affirming judgment in favor of plaintiff, entered upon a verdict. The action was brought upon a promissory note, of which the following is a copy, viz.: $500. Oheektowaga, January 28, 1868. Three months after date we promise to pay to the order of George Meyer $500, value received, payable at Cheektowaga. (Signed) GEORGE WARDER.

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Appeal from judgment of the General Term of the Supreme Court in the fourth department, affirming judgment in favor of plaintiff, entered upon a verdict. The action was brought upon a promissory note, of which the following is a copy, viz.: $500. Oheektowaga, January 28, 1868. Three months after date we promise to pay to the order of George Meyer $500, value received, payable at Cheektowaga. (Signed) GEORGE WARDER. GEORGE H. HATTCH. 5 U. S. Eev. stamp, 25 cfcs., > < canceled June 28,18C8. > Indorsed on the back thereof as follows: GEORGE HIBSHER. JOSEPH DTIRIHGER. The plaintiff’s counsel upon…

1Opinion of the CourtFolger, J.

The motion made by the appellant, at the close of the opening to the jury of the respondent’s case, for a dismissal of the complaint and for a nonsuit, was substantially a demurrer to the complaint, that it did not contain facts sufficient to show a cause of action. But the complaint averred an application by the makers of the note to the respondent, for a loan of $500 at three months. It then made an allegation in these words : “ That as a condition of said loan, and as security for the payment of the same, said defendants (meaning the makers), made and executed their certain promissory…

2Cases cited5 opinions

  1. Thornton v. WynnSupreme Court of the United States · 1827
  2. Prindle v. . CaruthersNew York Court of Appeals · 1857
  3. Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
  4. Moore v. . CrossNew York Court of Appeals · 1859
  5. Brent's Executors v. the Bank of the MetropolisSupreme Court of the United States · 1828

3Cited by26 opinions

  1. Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
  2. Hefflebower v. DetrickWest Virginia Supreme Court · 1885
  3. Williams v. Planters & Mechanics' National BankTexas Supreme Court · 1898
  4. Witherow v. . SlaybackNew York Court of Appeals · 1899
  5. Wylie v. CotterMassachusetts Supreme Judicial Court · 1898

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