Bank of the Commonwealth v. . Mudgett
New York Court of Appeals
Appeal from an order of the G-eneral Term of the Supreme Court in the first district, affirming a judgment, on the trial at the circuit, upon a verdict for the plaintiff. This action is upon a promissory note, dated May 30, 1863, of which John Wilson, Jr., is the maker, for $1,000, payable to his own order, thirty-one days after date, indorsed by him as the payee and first indorser, by the defendant Hudgett, as second, and by Wilson and Booth, as third indorsers.
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Appeal from an order of the G-eneral Term of the Supreme Court in the first district, affirming a judgment, on the trial at the circuit, upon a verdict for the plaintiff. This action is upon a promissory note, dated May 30, 1863, of which John Wilson, Jr., is the maker, for $1,000, payable to his own order, thirty-one days after date, indorsed by him as the payee and first indorser, by the defendant Hudgett, as second, and by Wilson and Booth, as third indorsers. The complaint sets forth the note, alleges the demand of payment at maturity, and service of notice of protest on the indorsers.…
1Opinion of the Court
Leonard, C.
The facts having been found, under the charge of the judge, to which no exception was taken, against the defendants, unless he has erroneouly guided the jury to the formation of their verdict, by the admission of illegal evidence, or the exclusion of such as should have been admitted, or by the omission to give proper instructions as to the law, when requested, the plaintiff is entitled to recover.
The requests for instructions to be given to the jury are based upon an assumed absence of such prior dealing between the bank and the firm of Wilson & Booth, as would require an actual…
2Cases cited3 opinions
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Van Wyck v. . McIntoshNew York Court of Appeals · 1856
- Clapp v. . RogersNew York Court of Appeals · 1855
3Cited by14 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Fealey v. . BullNew York Court of Appeals · 1900
- People v. HoptUtah Supreme Court · 1886
- Dryer v. BrownNew York Supreme Court · 1889
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