Legal Opinion

Broderick & Bascom Rope Co. v. Margaret McGrath & Henry J. McCoy Co.

New York Supreme Court

Decided June 15, 1913PublishedCited by 11 opinions

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

  1. Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
  2. Bank of America v. . WaydellNew York Court of Appeals · 1907
  3. King v. Bowling Green Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Sutherland v. MeadAppellate Division of the Supreme Court of the State of New York · 1903
  5. Maurice v. FowlerAppellate Terms of the Supreme Court of New York · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Utah State National Bank v. SmithCalifornia Supreme Court · 1919
  2. Brown v. BrownCity of New York Municipal Court · 1915
  3. Security Etc. Bk. v. Southern Etc. Bk.California Court of Appeal · 1925
  4. Security Commercial & Savings Bank v. Southern Trust & Commerce BankCalifornia Court of Appeal · 1925
  5. In re the Accounting of MulliganNew York Surrogate's Court · 1953

6 more not listed; retrieve them via the Exa API.

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