Selden v. Pringle
New York Supreme Court
This action was commenced bby the plaintiff, as indorsee and holder, against the defendant, as second indorser of a promissory note, dated August 23, 1844, made by Robert W. Lowber, payable to John Lowber or order, fifteen months after date, with interest, at the Bank 'of Uenesee, for fifteen hundred dollars, indorsed by John Lowber and the defendant. The defendant’s answer was a general denial of all the allegations of the complaint.
Read the full summary
This action was commenced bby the plaintiff, as indorsee and holder, against the defendant, as second indorser of a promissory note, dated August 23, 1844, made by Robert W. Lowber, payable to John Lowber or order, fifteen months after date, with interest, at the Bank 'of Uenesee, for fifteen hundred dollars, indorsed by John Lowber and the defendant. The defendant’s answer was a general denial of all the allegations of the complaint. Upon the trial, at the Monroe circuit, in July, 1852, held by Mr. Justice Pratt, before the court without a jury, the following facts appeared. It was proved…
1Opinion of the Court
By the Court, Welles, J.
The first position now taken by the appellant is, that the respondent did not establish upon the trial any title to the note upon which the action is brought, for the reason that the obtaining a patent securing the right to use the machine, and a determination of the suit of Tathams v. Selden and others, mentioned in the contract, were conditions precedent to the vesting of such title, and that neither of these conditions was shown to have been performed; but that on the contrary it was proved as a matter of fact, that they were not performed.
By the contract, Samuel L.…
2Cited by8 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- Birdsall v. PeregoU.S. Circuit Court for the District of Northern New York · 1865
- Lowber v. SeldenNew York Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.