Price v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed1! judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed1! judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the complaint. The making of a note payable to the order of a third person is per se no evidence of a debt or claim existing in the favor of the payee, nor is it evidence of a legal title, or even of an equitable interest therein, in favor of such payee. (Fanning v. Russell, 94 Ill. 386.) An admission which…
1Opinion of the CourtDanfobth, J.
On the 22d of November, 1869, the defendants Eoessle executed their bond to the defendant Walter W. Price, conditioned to pay $50,000, and as security therefor, a mortgage upon certain real estate in consideration of the surrender of their promissory notes of a like amount. The complaint alleged that two of these' notes, amounting to $10,000, belonged to the plaintiff, and were, at the request of the defendant Walter, delivered to him, to be secured by the mortgage and upon his agreement to hold the same in trust for her to that extent, “ and,” the complaint states, “the plaintiff allowed him…
2Cases cited4 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Newton v. . PorterNew York Court of Appeals · 1877
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Robinson v. CushmanNew York Supreme Court · 1846
3Cited by27 opinions
- People v. . McCarthyNew York Court of Appeals · 1888
- Price v. . HolmanNew York Court of Appeals · 1892
- Oglebay v. Tippecanoe Loan & Trust Co.Indiana Court of Appeals · 1907
- Sun-Herald Corporation v. DugganCourt of Appeals for the Second Circuit · 1947
- Lawrenceville Cement Co. v. ParkerNew York Supreme Court · 1891
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