The Black River Bank v. . Page
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fifth district, affirming a judgment in favor of the plaintiff, upon trial by the court without a jury. April 13, 1860, Gr. M. Frazell made his note at three months, payable at plaintiff’s hank, to the order of William Frazell, for $1,000, and the note was indorsed by the payee and by the defendants, and transferred to the plaintiff. After this note matured, and about July 28, Gr.
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Appeal from an order of the General Term of the Supreme Court, in the fifth district, affirming a judgment in favor of the plaintiff, upon trial by the court without a jury. April 13, 1860, Gr. M. Frazell made his note at three months, payable at plaintiff’s hank, to the order of William Frazell, for $1,000, and the note was indorsed by the payee and by the defendants, and transferred to the plaintiff. After this note matured, and about July 28, Gr. M. Frazell absconded, leaving, so far as appears, no property in this State. The plaintiff then held another note of $500, made by G. M. Frazell,…
1Opinion of the Court
Earl, C.
It is claimed, on the part of the appellants, that the court erred at the circuit, in not holding that the funds real ized by the plaintiff out of the property transferred to it should have been applied fro rata upon the two notes. It is a sufficient answer to this claim that it was not made in the answer, nor upon the trial, and that there is no exception that brings it properly before us. The main point in this ease, therefore, is, whether the defendants established any defence from the manner in which the plaintiff conducted in reference to the property transferred to it as…
2Cases cited1 opinion
- Hayes v. WardNew York Court of Chancery · 1819
3Cited by11 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- United States v. De VisserDistrict Court, S.D. New York · 1882
- Green v. MilbankNew York Supreme Court · 1877
- Phillips v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Istituto Mobiliare Italiano v. Motorola, Inc.District Court, N.D. Illinois · 1988
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