Newell v. Gregg
New York Supreme Court
APPEAL from a judgment entered upon the decision of a referee. The complaint, in substance, is that the plaintiff gave his note for $200 to one John B. Gregg, payable to him or bearer, two years after date, with annual interest; date of note April 6, 1864; that he paid the note in full to Gregg, prior to January, 1865, before it became due; that Gregg died, and the note came into the hands of the defendant, as executor; and that he, with notice and knowledge of the payment…
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APPEAL from a judgment entered upon the decision of a referee. The complaint, in substance, is that the plaintiff gave his note for $200 to one John B. Gregg, payable to him or bearer, two years after date, with annual interest; date of note April 6, 1864; that he paid the note in full to Gregg, prior to January, 1865, before it became due; that Gregg died, and the note came into the hands of the defendant, as executor; and that he, with notice and knowledge of the payment of the note,- did unlawfully and fraudulently, and with intent to compel payment of the note by the plaintiff, a second…
1Opinion of the Court
By the Court, Marvin, J.
The point is made that Grant was not a bona fide holder of the note, and that the de-IT fendant should have resisted the claim made upon him by IGrant. A^year’s interest was past due upon the note ¡when, in July, 1865, Grant bought the note,_and. his atten|tion was called to the fact. Was not dishonor attached fto_ this. note ? The counsel for the plaintiff claims that A " though Grant may not have been a bona fide holder of the note, as to the interest past due, he was as to the principal hot yet due; and that the referee has allowed only the amount of the principal.…
2Cases cited1 opinion
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
3Cited by12 opinions
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- United States National Bank v. FlossOregon Supreme Court · 1900
- First National Bank of St. Paul v. County CommissionersSupreme Court of Minnesota · 1869
- First National Bank v. ForsythSupreme Court of Minnesota · 1897
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