Haynes v. Rudd
New York Supreme Court
Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict in favor of the plaintiff. The action was tried at the Wayne circuit, and the jury gave a verdict for the plaintiff. The plaintiff’s son had been in the employ of the defendant as clerk, and it was claimed that he had feloniously taken and carried away money from his employer.
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Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict in favor of the plaintiff. The action was tried at the Wayne circuit, and the jury gave a verdict for the plaintiff. The plaintiff’s son had been in the employ of the defendant as clerk, and it was claimed that he had feloniously taken and carried away money from his employer. A criminal prosecution was threatened, and to prevent it plaintiff gave his note for $250 to his wife, who indorsed it in such a manner as to charge her separate estate therewith, and delivered it to the…
1Opinion of the Court
Hardin, J. :
The jury have found that the plaintiff made his negotiable note on time, conditioned to pay the defendant $250 to compound a crime, and that the defendant, before it was due, for value transferred it to a bona fide holder, and that the plaintiff was compelled to pay it to the holder. The plaintiff did not voluntarily pay the money to get up his note. He had no defence against it that would avail him against a bona fide holder for value without notice of its origin and consideration. (Grines v. Hellenbrand, 6 N. Y. S. C. R. [T. & C.], 620; Hill v. Northrup, 4 id., 120.) It would…
2Cases cited7 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Nellis v. ClarkNew York Supreme Court · 1838
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874
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