Moore v. . Ryder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a j'udgment in favor of plaintiff, entered upon a decision of the court upon trial without a jury. This action was brought upon a draft drawn by J. W. Lowden, as agent of the Cooper’s Falls Iron Company, upon defendant James M. Byder, and accepted by him for the purpose stated in the opinion of Eabl, C., wherein may be found a sufficient statement of the facts.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a j'udgment in favor of plaintiff, entered upon a decision of the court upon trial without a jury. This action was brought upon a draft drawn by J. W. Lowden, as agent of the Cooper’s Falls Iron Company, upon defendant James M. Byder, and accepted by him for the purpose stated in the opinion of Eabl, C., wherein may be found a sufficient statement of the facts. Plaintiff was not a bona, fide holder of the draft, and could not maintain this action. (Spears v. Myers, 6 Barb., 445; Wardell v.…
1Opinion of the Court
John W. Landen was agent of the Cooper's Falls Iron Company, and as such agent, on the 1st day of October, 1868, he drew the draft in suit on the defendant Ryder, who accepted the same. The draft was made, accepted and delivered to Landen, mainly for the special purpose of paying certain drafts of the iron company which had been previously accepted by Ryder for its accommodation, and which were then held by the Jefferson County Bank. Landen, however, did not take up the iron company's drafts, but transferred and delivered the draft in suit to the plaintiff, who took the same without any…
2Cases cited4 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Wardell v. HowellNew York Supreme Court · 1832
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Huff v. WagnerNew York Supreme Court · 1872
3Cited by25 opinions
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882
- McCulloch v. Canadian Pac. Ry. Co.District Court, D. Minnesota · 1943
- Worldwide Sugar Co. v. Royal Bank of CanadaDistrict Court, S.D. New York · 1984
- Dyer v. Great Eastern InsuranceNew York Supreme Court · 1972
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