McGammon v. Shantz
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Monroe county. Action by John L. McGammon against Moses B. Shantz. From a judgment in favor of plaintiff, and from an order denying a motion for new trial on the minutes, defendant appeals.
1Opinion of the CourtAdams, P. J.
The plaintiff brings this action to recover the amount claimed to be due upon a note for $3,750 made by the defendant to the order of one Francis 0. Grable, bearing date November 17,1897, and payable in four months after date. The defendant, while admitting the execution of the note, insists that the plaintiff is not a bona fide holder thereof for value, and the issue thus presented was the only one litigated upon the trial. The plaintiff, in order to maintain the issue upon his part and establish a prima facie case, produced the note, and then rested. The defendant thereupon gave evidence…
2Cases cited10 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Joy v. . DiefendorfNew York Court of Appeals · 1891
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3Cited by1 opinion
- Mitchell v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903