Hartnett v. Adler
City of New York Municipal Court
Appeal from trial term; Browne, Judge. The complaint alleges the making of the promissory note for $1,000 by defendant, Samuel B. Adler, to the order of James R. Watts, dated August 24, 1885, payable three months after its date, and the delivery thereof to the said James R. Watts for value; the indorsement by Watts; and that said note thereafter, for value, came lawfully into the possession of the plaintiff, Casilaer F. Hartnett, who is now the lawful owner and holder…
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Appeal from trial term; Browne, Judge. The complaint alleges the making of the promissory note for $1,000 by defendant, Samuel B. Adler, to the order of James R. Watts, dated August 24, 1885, payable three months after its date, and the delivery thereof to the said James R. Watts for value; the indorsement by Watts; and that said note thereafter, for value, came lawfully into the possession of the plaintiff, Casilaer F. Hartnett, who is now the lawful owner and holder thereof; that no part of said note has been paid, etc. The answer admits the making of the note, (with another note of same…
1Dissent
Pitshke, J.,
(dissenting.) The superior court case was brought to recover the proceeds of an alleged discount, obtained by Watts, of the note in question; and, if he (Watts) had not yet had the note discounted, that action necessarily had to be dismissed, and a verdict given for Watts as defendant there; for that was the gravamen of the complaint there, and the main issue before the jury, therefore, who found for Watts thereon; and the result simply is that no proceeds of a discount were then yet received by Watts for Adler to “gather, ” and there was nothing as yet to deliver up. Watts might…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Comstock v. . HierNew York Court of Appeals · 1878
- Dawley v. . BrownNew York Court of Appeals · 1880
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Huff v. WagnerNew York Supreme Court · 1872
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