Farrington v. Frankfort Bank
New York Supreme Court
THE plaintiff brought this action to restrain the defendants from transferring or enforcing the collection, as against the plaintiff, of two bills of exchange, one for $2000, and the other for $2500, dated January 17,1856 ; the former payable c sixty, the latter seventy-five" days after date, drawn by S. Osborn, jun.; Herkimer, oh Osborn, Trumbull & McDonald of Hew York, payable to the order of, and indorsed by, the ' plaintiff; and to compel the defendants to cancel the…
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THE plaintiff brought this action to restrain the defendants from transferring or enforcing the collection, as against the plaintiff, of two bills of exchange, one for $2000, and the other for $2500, dated January 17,1856 ; the former payable c sixty, the latter seventy-five" days after date, drawn by S. Osborn, jun.; Herkimer, oh Osborn, Trumbull & McDonald of Hew York, payable to the order of, and indorsed by, the ' plaintiff; and to compel the defendants to cancel the indorsement of the plaintiff. The allegation was that the plaintiff was an accommodation indorser for the drawer, at the…
1Opinion of the Court
By the Court, W. F. Allen, J.
The bills in question, with the indorsements of the plaintiff, came into the possession of the defendants on the day of their date, (January 17,1856,) and this suit was commenced and the preliminary injunction served two days thereafter, (January 19;) and 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 fide holder for value, this action was necessary to the protection of the plaintiff, and was properly brought, and may be sustained if the evidence…
2Cases cited20 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Olcott v. RathboneNew York Supreme Court · 1830
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3Cited by9 opinions
- Winchell v. . WinchellNew York Court of Appeals · 1885
- Hume Webster & Co. v. Howe Machine Co.Supreme Court of Connecticut · 1886
- Clark v. GallagherNew York Supreme Court · 1861
- Fulton Grain & Milling Co. v. AnglimAppellate Division of the Supreme Court of the State of New York · 1898
- Prince v. Never-Rip Jersey Co.City of New York Municipal Court · 1891
4 more not listed; retrieve them via the Exa API.