Miller v. . Talcott
New York Court of Appeals
Appeal from judgment of the General Terra of the Supreme Court, in the sixth judicial district, in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment on a verdict.
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Appeal from judgment of the General Terra of the Supreme Court, in the sixth judicial district, in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment on a verdict. (Reported below, 46 Barb., 171.) This action was brought on the 13 th day of February, 1864, against the defendant, as first indorser of a promissory note, made by one Hughston, bearing date on the 17th day of April, 1857, for $1,000, payable ninety days after its date, to the order' of the defendant. One Matthew Miller was second indorser. The note was discounted by the Bank of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judge at the circuit properly decided that, on the facts testified to by the defendant himself, the action was not barred by the statute of limitations. It appeared, by the case, and it was a conceded fact, that the maker of the note had become insolvent, and made an assignment for the benefit of his creditors, that early in January, 1858, a dividend of nine cents on a dollar, arising from the avails of his estate was made, and that ninety dollars was paid…
2Cited by8 opinions
- Littlefield v. . LittlefieldNew York Court of Appeals · 1883
- Northampton National Bank v. KidderNew York Court of Appeals · 1887
- Scott v. PalmerAppellate Division of the Supreme Court of the State of New York · 1936
- Clark v. TryonNew York Court of Common Pleas · 1893
- Bouton v. HillAppellate Division of the Supreme Court of the State of New York · 1896
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