Mech. Farmers' Bank of Albany v. . Wixson
New York Court of Appeals
Tins is an "appeal by the defendants, Wixson and W. A. Underhill, from a judgment of the General Term of the Supreme Court, in the third district, affirming a judgment in favor of the plaintiff, rendered on a trial before Hr. Justice Gould, without "a jury.
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Tins is an "appeal by the defendants, Wixson and W. A. Underhill, from a judgment of the General Term of the Supreme Court, in the third district, affirming a judgment in favor of the plaintiff, rendered on a trial before Hr. Justice Gould, without "a jury. The action was brought to recover the amount due upon a note, of which the following is a copy: “ $4,000. . Sing Sing, November Is#, 1860. One month after date, we jointly and severally promise to pay to the order of Benjamin Brandreth, the sum of four thousand dollars at the Mechanics’ and Farmers’ Bank of Albany, for value received. This…
1Opinion of the Court
Earl, Ch. J.
There was evidence tending to prove all the facts found by the court at Special Term, and hence in deciding this appeal we must assume all such facts to be true.
On the 7th day of November, 1860, the bank of Sing Sing was indebted to plaintiff in the sum of $2,069.56 upon a protested draft drawn by said bank in New York in favor of plaintiff, and also in the sum of $620.46 for moneys paid thereto collected for plaintiff. At the same time the said bank held checks and notes, to the amount of $787.52, which had been forwarded to it by plaintiff for collection. The said Sing Sing bank…
2Cases cited4 opinions
- Pratt v. . ComanNew York Court of Appeals · 1868
- Watson v. RandallNew York Supreme Court · 1838
- Burns v. RowlandNew York Supreme Court · 1863
- Traders' Bank v. BradnerNew York Supreme Court · 1864
3Cited by8 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Pitt v. LittleWashington Supreme Court · 1910
- O'Brien v. . FleckensteinNew York Court of Appeals · 1905
- Breed v. National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Addison v. EnochAppellate Division of the Supreme Court of the State of New York · 1900
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