Mitchell v. Baldwin
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Chenango County. Action by Benjamin B. Mitchell and others against Erwin J. Baldwin and another. From a judgment for defendants, dismissing the complaint, entered on decision of the court, plaintiffs appeal. Reversed.
1Opinion of the CourtHoughton, J.
The action is on two promissory notes admitted to have been made by the defendants, payable to their own order, and indorsed in blank by them. The plaintiffs produced the notes upon the trial, and, upon the signatures being admitted, introduced them in evidence, and rested their case. By their answer, the defendants, in effect, alleged that the notes were given to one Smith as a mere memoranda of amounts paid out in certain litigation in which he and defendants were interested, that they were not given as evidence of an indebtedness, and that Smith fraudulently diverted them and procured them…
2Cases cited13 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Comstock v. . HierNew York Court of Appeals · 1878
- Joy v. . DiefendorfNew York Court of Appeals · 1891
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3Cited by1 opinion
- Simers v. HalpernAppellate Terms of the Supreme Court of New York · 1909