Mitchell v. Baldwin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Benjamin B. Mitchell and others, from a judgment of the Supreme Court in favor of the defendants', entered in the office of the clerk of the county of Chemung on the 17th day of February, 1903, upon the decision of the cotirt, rendered after a trial at the Chemung Trial Term, the case having been taken from the jury, dismissing the plaintiffs’ complaint.
1Opinion of the Court
Houghton, J.:
The action is on two promissory notes admitted to have been made by the defendants, payable to their own order, "and indorsed in blank by them. The plaintiffs produced the notes upon the trial and upon the signatures being admitted, introduced them in evidence and rested their case.
By their answer the defendants in effect alleged, that the notes, were given to one Smith as a mere memoranda of amounts paid out in cértain litigation in which he and defendants were interested, that they were not given as evidence of an indebtedness, and that Smith fraudulently diverted them and…
2Cases cited7 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Harger v. . WorrallNew York Court of Appeals · 1877
- Mechanics Traders' Nat. B'k v. . CrowNew York Court of Appeals · 1875
- Merkle v. . BeidlemanNew York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Peterson v. FowlerAppellate Division of the Supreme Court of the State of New York · 1914
- Schwartz v. Armand Fried Inc.New York Supreme Court · 1946
- Consolidation National Bank v. KirklandAppellate Division of the Supreme Court of the State of New York · 1904
- Greenwood Trust Co. v. Speiller, New York County Courts1923
- Simers v. HalpernAppellate Terms of the Supreme Court of New York · 1909