Delaware Bank v. . Jarvis
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the amount of a promissory note, together with the costs of an action to collect it, in which the plaintiff was defeated. The trial was before Mr. Justice Masost, without jury.
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Appeal from the Supreme Court. Action to recover the amount of a promissory note, together with the costs of an action to collect it, in which the plaintiff was defeated. The trial was before Mr. Justice Masost, without jury. He found the following facts: On the 8fch August, 1849, Joseph W. Crandall and Pranklin W. Crandall made their promissory note for $100, payable at the Delaware Bank four months from date, to the order of John Peters, and procured Peters to indorse the note for their accommodation: The note was made to raise money, and was sent to the Delaware Bank, who refused to…
1Opinion of the CourtComstock, J.
The judge who tried the cause, without a jury, has found, as conclusions of fact, that the note was indorsed by Peters for the accommodation of the Crandalls, who were the makers; that the makers’ agent negotiated it to the defendant in consideration of a usurious loan of money; and that the defendant knew the note had not been negotiated prior to the time when he received it. On the argument it was claimed that there was no evidence to sustain so much of this finding as imputes to the defendant the knowledge here mentioned. I do not consider this a material circumstance; but if it were, it…
2Cited by38 opinions
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Meyer v. RichardsSupreme Court of the United States · 1896
- Binford v. AdamsIndiana Supreme Court · 1885
- Giffert v. WestWisconsin Supreme Court · 1873
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