Southwick v. First National Bank of Memphis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order made the first Monday of January, 1880, overruling defendant’s exceptions, and directing judgment upon a verdict. (Reported below, 20 Hun, 349.) The nature of the action and the material facts are set forth in the opinion. Where accommodation paper is diverted, it can- only be enforced by a bona fide holder for value.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order made the first Monday of January, 1880, overruling defendant’s exceptions, and directing judgment upon a verdict. (Reported below, 20 Hun, 349.) The nature of the action and the material facts are set forth in the opinion. Where accommodation paper is diverted, it can- only be enforced by a bona fide holder for value. (Justh v. National Bk. of the Commonwealth, 56 N. Y. 478, 484; Stephens v. Bd. of Education, 79 id. 183; Gammon v. Butler, 48 Me. 344;…
1Opinion of the CourtEarl, J.
The defendant claims that the plaintiff failed upon the trial to establish by proof the cause of action alleged in his complaint. To determine whether this claim is well founded, we will first see what facts were proved, and thus ascertain for, what cause of action the recovery was had, and then see. if such cause of action is fairly embraced within the facts alleged in the complaint.
The material facts, as proved, are as follows: Southwick, Thayer & Go. were a firm doing business in Memphis, Tenn., and J. H. Merriam & Son were a firm doing business in Boston. On the 13th day of March, 1873,…
2Cases cited8 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Comstock v. . HierNew York Court of Appeals · 1878
- Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
- Stacy v. . GrahamNew York Court of Appeals · 1856
- Greele v. ParkerCourt for the Trial of Impeachments and Correction of Errors · 1830
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- Ball v. . ShepardNew York Court of Appeals · 1911
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