Cowing v. . Altman
New York Court of Appeals
Appeal from] udgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This action ivas brought upon a check dated March 8, 1871, drawn by defendant upon the Third National Bank of Buffalo, payable to the order of Edwin A. Holbrook.
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Appeal from] udgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This action ivas brought upon a check dated March 8, 1871, drawn by defendant upon the Third National Bank of Buffalo, payable to the order of Edwin A. Holbrook. It is reported upon a former appeal in 71 N. Y., 435. The defense was that the check was given in contravention of the provision of the bankrupt act (§ 45) prohibiting officers of courts of bankruptcy from taking…
1Per curiam
Upon the former appeal in this case (71 N. Y., 435), it was held that, upon the facts there appearing, the check did not have an inception until the 3rd of May, 1872, when it was delivered by the depositary to Holbrook, the payee, and that the Marine Bank became a bona fide holder of the check by the transfer from Clark & Hazzard in payment of a note held by the bank against that firm, and was entitled to enforce the check notwithstanding the illegality of the consideration between the original parties.
The facts shown on the last trial bearing upon the principal point determined, were…
2Cases cited1 opinion
- Cowing v. . AltmanNew York Court of Appeals · 1877
3Cited by6 opinions
- Dunham v. . CudlippNew York Court of Appeals · 1883
- Whitman v. . FoleyNew York Court of Appeals · 1891
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Southern Indiana Railway Co. v. DrennenIndiana Court of Appeals · 1909
- Young v. City of KansasMissouri Court of Appeals · 1887
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