Broderick & Bascom Rope Co. v. Margaret McGrath & Henry J. McCoy Co.
New York Supreme Court
Appeal from a. judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of -the defendant entered upon a trial by the court without a jury.
1Opinion of the CourtPage, J.
The action was to recover upon a promissory note made by the defendant and delivered to the Henry J. McCoy Company in payment for a steam hammer, and by the Henry J. McCoy Company endorsed and delivered before maturity to the plaintiff in payment of a pre-existing debt.
The trial justice admitted evidence over plaintiff’s objection and exception, tending to prove that the steam hammer was not as represented and had been *200returned by Margaret McGrath to the Henry J. McCoy Company. Judgment was given for the defendant upon the theory of a failure of consideration. From the decision of Coddington…
2Cases cited6 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Bank of America v. . WaydellNew York Court of Appeals · 1907
- King v. Bowling Green Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Sutherland v. MeadAppellate Division of the Supreme Court of the State of New York · 1903
- Maurice v. FowlerAppellate Terms of the Supreme Court of New York · 1912
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3Cited by11 opinions
- Utah State National Bank v. SmithCalifornia Supreme Court · 1919
- Brown v. BrownCity of New York Municipal Court · 1915
- Security Etc. Bk. v. Southern Etc. Bk.California Court of Appeal · 1925
- Security Commercial & Savings Bank v. Southern Trust & Commerce BankCalifornia Court of Appeal · 1925
- In re the Accounting of MulliganNew York Surrogate's Court · 1953
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