Legal Opinion

Farrington v. Frankfort Bank

New York Supreme Court

Decided April 7, 1857PublishedCited by 15 opinions

APPEAL from a judgment entered at a special term, after a trial at the circuit. The complaint alleged that the firm of Osborn, Turnbull & McDonald, a produce firm in New York, was insolvent on the 17th January, 1856, and that the cashier of the defendant knew that fact; that on the 14th of January, drafts on the firm, accepted by them, and on which the defendant had advanced money, came back protested far non-payment, and remained unpaid, which was also known to the…

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APPEAL from a judgment entered at a special term, after a trial at the circuit. The complaint alleged that the firm of Osborn, Turnbull & McDonald, a produce firm in New York, was insolvent on the 17th January, 1856, and that the cashier of the defendant knew that fact; that on the 14th of January, drafts on the firm, accepted by them, and on which the defendant had advanced money, came back protested far non-payment, and remained unpaid, which was also known to the defendant’s cashier, but all these facts were unknown to the plaintiff. That on the 17th January, 1856, Simeon Osborn, jun. a…

1Opinion of the CourtW. F. Allen, J.

The bills in question, with the indorsement of the plaintiff, came into the possession of the defendant on' the day of their date, (January 17th, 1856,) and this suit was commenced and the preliminary injunction served two days thereafter, (January 19th.) As the circumstances under which the indorsements were obtained, if as alleged by the plaintiff, would not constitute a defense to an action at the suit of a bona *559fide holder for value, this action was necessary to the protection of the plaintiff and was properly brought, and may be sustained, if the evidence sustains the allegation of…

2Cases cited20 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
  3. Elwood v. DeifendorfNew York Supreme Court · 1848
  4. Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
  5. Olcott v. RathboneNew York Supreme Court · 1830

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3Cited by15 opinions

  1. Weaver v. . BardenNew York Court of Appeals · 1872
  2. Lawrence v. . ClarkNew York Court of Appeals · 1867
  3. Proctor v. BaldwinIndiana Supreme Court · 1882
  4. Hume Webster & Co. v. Howe Machine Co.Supreme Court of Connecticut · 1886
  5. Farmers' National Bank v. Van SlykeNew York Supreme Court · 1888

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