Cheever v. Pittsburgh, Shenango & Lake Erie Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which overruled plaintiff’s exceptions taken on the trial at Circuit and ordered to be heard in the first instance at General Term, and directed judgment for the defendant dismissing the plaintiff’s complaint as to the first and second causes of action therein contained.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which overruled plaintiff’s exceptions taken on the trial at Circuit and ordered to be heard in the first instance at General Term, and directed judgment for the defendant dismissing the plaintiff’s complaint as to the first and second causes of action therein contained. The nature of the action and the facts, so far as material, are stated in the opinions. The presumption-is that the rights and relations of parties to negotiable paper are precisely such…
1Opinion of the CourtO’Brien, J.
The complaint in this action contained four separate causes of action, each upon a promissory note of the defendant. The last two causes of action were not defended, and upon these the plaintiff recovered, but was defeated upon the two notes embraced in the first and second causes of action. The defense to these two notes was that they were made by the defendant’s president, one M. S. Frost, and by him wrongfully diverted from the uses and purposes for which they were intended to his own personal or private benefit, or the benefit of a firm of which he was a member, and that the plaintiff is…
2Cases cited9 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Gerard v. . McCormickNew York Court of Appeals · 1891
- American Exchange National Bank v. New York Belting & Packing Co.New York Court of Appeals · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Hall v. Bank of BlasdellNew York Court of Appeals · 1954
- Second National Bank v. WestonNew York Court of Appeals · 1902
76 more not listed; retrieve them via the Exa API.