Benjamin v. Rogers
New York Supreme Court
Appeal from special term, Cortland county. Action by Horace Benjamin against Henry L. Rogers, as executor of the last will and testament of Hiram Crandall, deceased, upon a promissory note. Verdict at the Cortland circuit for plaintiff. A motion for a new trial was made upon case and exceptions at a special term at Binghamton, which was denied. Judgment was entered in Cortland county for plaintiff.
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Appeal from special term, Cortland county. Action by Horace Benjamin against Henry L. Rogers, as executor of the last will and testament of Hiram Crandall, deceased, upon a promissory note. Verdict at the Cortland circuit for plaintiff. A motion for a new trial was made upon case and exceptions at a special term at Binghamton, which was denied. Judgment was entered in Cortland county for plaintiff. The note read as follows: “$4,000. Jointly and severally we promise to pay Nellie Petit, or bearer, four thousand dollars, with use, one year from date, for value. Dated January 6,1880. Leman…
1Opinion of the CourtHardin, P. J.
1. Plaintiff’s complaint alleges that the note in suit was made for $4,000, on the 5th day of January, 1880, and “that before the said note became due, and in due course of business, the said note was for value sold and delivered to this plaintiff, who is now the owner and holder thereof,” while the defendant does allege in his answer that Calkins never delivered it to Hellie Petit, and that it did not have any inception “until the same was by said Leman Calkins delivered to the plaintiff in this action.” It is then alleged that it was transferred by Calkins “to the plaintiff for an amount…
2Cases cited22 opinions
- Oates v. National BankSupreme Court of the United States · 1879
- Comstock v. . HierNew York Court of Appeals · 1878
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Van Duzer v. . HoweNew York Court of Appeals · 1860
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