Northup v. Cheney
Appellate Division of the Supreme Court of the State of New York
■Appeal by the plaintiffs, Edwin R. Northup and another, from a judgment of the Supreme Court in favor of the defendant Edward D. Cheney, entered in the office of the cleric of the county of Washington on the 9th day of July, 1897, ujxon the dismissal of the complaint upon the merits as to said defendant by direction of the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 27th day of July, 1897, denying the…
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■Appeal by the plaintiffs, Edwin R. Northup and another, from a judgment of the Supreme Court in favor of the defendant Edward D. Cheney, entered in the office of the cleric of the county of Washington on the 9th day of July, 1897, ujxon the dismissal of the complaint upon the merits as to said defendant by direction of the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 27th day of July, 1897, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Merwin, J.:
This action was brought on á note dated November 1,1895, made by E. W. Cheney for $575 and interest, payable thirteen months after date to the order of the plaintiffs, Northup & Yanderwerker, at the Mutual National Bank, Troy. It was alleged in the complaint, *420and not denied in the answer of the defendant E. D. Cheney, that the defendant E. W. Cheney delivered the note to the defendant Edward D. Cheney, “ who .thereirpon, for a valuable consideration, endorsed the same, and the same thereupon was, for a valuable consideration, duly transferred and delivered to the plaintiffs.” The…
2Cases cited4 opinions
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Hodges v. . ShulerNew York Court of Appeals · 1860
- Scott v. . MorganNew York Court of Appeals · 1884
- The Artisans' Bank v. . BackusNew York Court of Appeals · 1867