McElwee Manufacturing Co. v. Trowbridge
New York Supreme Court
Appeal from circuit court, New York county. Action by the McElwee Manufacturing Company against Benjamin A. Trowbridge on two promissory notes indorsed to plaintiff by Don A. Gaylord & Co. From a judgment entered on a verdict in favor of plaintiff, defendant appeals. Defendant’s answer set up two defenses.
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Appeal from circuit court, New York county. Action by the McElwee Manufacturing Company against Benjamin A. Trowbridge on two promissory notes indorsed to plaintiff by Don A. Gaylord & Co. From a judgment entered on a verdict in favor of plaintiff, defendant appeals. Defendant’s answer set up two defenses. The first consisted of denials of plaintiff’s allegations, the second was as follows: “And for second, separate, and distinct defense herein defendant shows:. That whatever note or notes were given to or obtained by said Don A. Gaylord & Go. were given and obtained under and by virtue of…
1Opinion of the CourtO’Brien, J.
This action is brought to recover the amount of two promissory notes, the consideration of which was the furnishing of materials to be used in the construction of certain houses, and the defense to which was that this contract was never fulfilled, and that the material furnished was fully paid for. As there is no order denying a motion for a new trial, and no statement that the case contains all the evidence introduced at the trial, the only questions presented for our consideration are those of law, arising upon exceptions, which, in the order in which they are presented, we will briefly…
2Cases cited3 opinions
- Taendsticksfabriks Aktiebolaget Vulcan v. MyersNew York Supreme Court · 1890
- Slingerland v. NortonNew York Supreme Court · 1891
- McElwee Manufacturing Co. v. TrowbridgeNew York Supreme Court · 1891
3Cited by5 opinions
- Zimmermann v. Roessler & Hasslacher Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Hess v. Van AukenNew York Court of Common Pleas · 1895
- Hatzel v. Hoffman HouseAppellate Division of the Supreme Court of the State of New York · 1896
- Kingston Carriage Co. v. HuttonNew York County Court, Ulster County · 1895
- Kingston Carriage Co. v. Hutton, New York County Courts1895