Prince v. Never-Rip Jersey Co.
City of New York Municipal Court
Appeal from trial term. The above cases, although not tried together, arose out of "the same transaction, and present on this appeal substantially the same questions of law. The actions were brought on promissory notes made by the defendant, a foreign corporation, payable to its own order, indorsed by said defendant, and transferred before maturity to one James M. Beattie. The plaintiffs in all the cases, except in the Hoskinson Case, acquired them before maturity.
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Appeal from trial term. The above cases, although not tried together, arose out of "the same transaction, and present on this appeal substantially the same questions of law. The actions were brought on promissory notes made by the defendant, a foreign corporation, payable to its own order, indorsed by said defendant, and transferred before maturity to one James M. Beattie. The plaintiffs in all the cases, except in the Hoskinson Case, acquired them before maturity. In the Hoskinson Case, Thomas J. Hoskinson, the father of the plaintiff Thomas N. Hoskinson, acquired the said note before…
1Opinion of the CourtMcGown, J.
One of the issues raised by the pleadings herein was as to whether the plaintiffs were the bona fide holders of the notes in question, and defendant was entitled to introduce evidence on that point. Such evidence was admitted, and the defendants had a right to go to the jury upon that question as a question of fact to be passed upon by the jury. Defendant asked to go to the jury upon the evidence admitted, as to whether the plaintiffs parted with anything upon the receipt of the notes, and as to whether they were bona fide holders and owners of the notes, as questions of fact to be passed…
2Cases cited10 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Rosa v. BrothersonNew York Supreme Court · 1833
- Bay v. CoddingtonNew York Court of Chancery · 1821
- Lawrence v. . ClarkNew York Court of Appeals · 1867
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3Cited by2 opinions
- Bell v. McNieceCity of New York Municipal Court · 1892
- Yale v. DartNew York Court of Common Pleas · 1892