Legal Opinion

Mechanics & Traders' National Bank v. Crow

New York Court of Appeals

Decided February 9, 1875PublishedCited by 6 opinions

Appeal from judgment of the General Term of the Court of Common Pleas of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action upon a promissory note for $2,500, made by defendant Crow, payable to defendants Dusenbury & Nelson, and indorsed by them and by defendants Riceman & Bradbury.

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Appeal from judgment of the General Term of the Court of Common Pleas of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action upon a promissory note for $2,500, made by defendant Crow, payable to defendants Dusenbury & Nelson, and indorsed by them and by defendants Riceman & Bradbury. The defendants Crow and Riceman defended and gave evidence tending to show that Crow made the note at the request of Nelson and upon his promise to give, in exchange therefor, his own note indorsed by his father, and also to procure the same to be discounted…

1Opinion of the CourtAndrews, J.

The plaintiff, on production of the note and Droving the indorsement of the payees, was prima facie entitled to recover.

The defendant gave evidence tending to show that he signed the note at the request of Nelson, one of the payees, upon his promise to give the defendant in exchange his note indorsed by his father for the same amount, and upon the further engagement to procure the note to be discounted, and to pay the defendant from the proceeds $1,800, on a debt owing by him to the defendant. The defendant testified that neither the note or money had been given him. The jury would have been…

2Cases cited1 opinion

  1. Brown v. . LeavittNew York Court of Appeals · 1865

3Cited by6 opinions

  1. Willcox v. EdwardsCalifornia Supreme Court · 1912
  2. Atlantic Trust Co. v. The VigilanciaCourt of Appeals for the Second Circuit · 1896
  3. Country Motors, Inc. v. Friendly Finance Corp.Wisconsin Supreme Court · 1961
  4. Hawley v. KountzeAppellate Division of the Supreme Court of the State of New York · 1896
  5. Belmont Branch v. HogeThe Superior Court of New York City · 1861

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