Legal Opinion

Scofield v. . Hernandez

New York Court of Appeals

Decided January 23, 1872PublishedCited by 25 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, reversing a judgment entered upon the report of a referee nonsuiting plaintiff. This action was brought to recover $500, the amount of a promissory note made by Mrs. Mary Crow to Sallio Taylor and by her transferred to the plaintiff as collateral security for a piano purchased by her. The note was dated January 25, 1868, payable six months after date, and was non-negotiahle.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, reversing a judgment entered upon the report of a referee nonsuiting plaintiff. This action was brought to recover $500, the amount of a promissory note made by Mrs. Mary Crow to Sallio Taylor and by her transferred to the plaintiff as collateral security for a piano purchased by her. The note was dated January 25, 1868, payable six months after date, and was non-negotiahle. Mrs. Crow died April 14, 1868. The piano was purchased July, 1868. The claim was presented by the plaintiff to defendants,…

1Opinion of the CourtRapallo, J.

This action was tried by a referee, and the judgment of reversal does not state that the judgment was reversed on questions of fact. It must, therefore, be assumed here that it was reversed on questions of law only. (Code, § 268.)

Ho error of law appears upon the face of the findings and conclusions of the referee. He finds as a fact that the note in suit was made and delivered wholly without consideration. The note not being negotiable, this was a good defence to it, whether sued upon by the payee or an assignee of the payee, and warranted a dismissal of the complaint. Ho facts are found by…

2Cited by25 opinions

  1. Place v. . HaywardNew York Court of Appeals · 1889
  2. Thompson v. MyrickSupreme Court of Minnesota · 1877
  3. Raabe v. . SquierNew York Court of Appeals · 1895
  4. Veazey v. . AllenNew York Court of Appeals · 1903
  5. Deeley v. . HeintzNew York Court of Appeals · 1901

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