National Ulster County Bank v. Madden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the June Term, 1886, which affirmed a judgment in favor of defendant Madden, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the June Term, 1886, which affirmed a judgment in favor of defendant Madden, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It was error to allow Madden to read from his book the entries he said he made in it, at the time he indorsed the checks, of the date, amount of and time when the checks were made payable. (Russell v. H. R. R. R. Co., 17 N. Y. 134; 1 Phil. Ev. 289; Halsey v. Sinsebaugh, 15 N. Y. 485; Collins v.…
1Opinion of the CourtBradley, J.
The action was brought to recover the amount-of eighteen checks drawn by the defendant Sarah M. Fowks, by her attorney, Horatio Fowks, upon the National Bank of Bondout, and payable to the order of the defendant Madden, and indorsed by the latter. Madden alone defended, and alleged that after the checks were indorsed by him they were altered in respect to the time for payment, so as to make them payable at a future day without his knowledge or consent. He testified that, when so indorsed by him, no time of payment was expressed in any of them. When they were discounted by the plaintiff they,…
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- Waring v. SmythNew York Court of Chancery · 1847
- Cole v. . JessupNew York Court of Appeals · 1854
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