Niblock v. . Sprague
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 13, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The case should have been submitted to the jury.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 13, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The case should have been submitted to the jury. (Hoffman v. Foot, 172 N. Y. 350.) The defendant liad the right to annex conditions to the delivery of the note. (Seymour v. Cowing, 1 Keyes, 532; Julliard v. Chaffee, 92 N. Y. 535; Eastman v. Shaw, 65…
1Opinion of the CourtWillard Bartlett, J.
This is an action by the payee against the maker of two promissory notes for $150 each, payable three months after the date thereof, which was October 1, 1901, and alleged in the complaint to have been made, executed and delivered to the plaintiff on that date. The answer denies the making, execution and delivery of the. notes as alleged in the complaint, but admits that the defendant signed the notes and delivered the same under the following circumstances: The parties to this action had been copartners in the business of farming. The partnership was dissolved on December 31, 1900, by a…
2Cases cited2 opinions
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Bookstaver v. . JayneNew York Court of Appeals · 1875
3Cited by21 opinions
- Grannis v. . StevensNew York Court of Appeals · 1916
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
- Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
- Daniels v. GoldbergCourt of Appeals for the Second Circuit · 1949
- Selma Savings Bank v. HarlanSupreme Court of Iowa · 1914
16 more not listed; retrieve them via the Exa API.