Fake v. Smith
New York Court of Appeals
Appeal from a judgment. This action was "by Kate F. Fake, administratrix of Isaac W. Fake, plaintiff (and respondent in the present appeal), against John 0. Smith and Hiram R. Wood, defendants (and appellants). The action was on a warranty upon a sale of a note by defendants to plaintiff’s intestate. It was tried at the Otsego circuit in June, 1864, before Mr. Justice Balcom and a jury.
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Appeal from a judgment. This action was "by Kate F. Fake, administratrix of Isaac W. Fake, plaintiff (and respondent in the present appeal), against John 0. Smith and Hiram R. Wood, defendants (and appellants). The action was on a warranty upon a sale of a note by defendants to plaintiff’s intestate. It was tried at the Otsego circuit in June, 1864, before Mr. Justice Balcom and a jury. The note, for three hundred and thirty dollars, was made by Baldwin & Fake, March 24, 1858, payable to defendants, or order, one year after date. Plaintiff’s intestate purchased it of defendants May 18, 1859,…
1Opinion of the CourtMason, J.
The most important question presented in this case is, whether the judgment roll in the suit of Fake v. Baldwin & Fake was properly received in evidence, and was conclusive upon the matter adjudged in that suit against the defendants in this action. I am entirely satisfied, after a careful examination of the matter, that the judgment hound the defendants in this suit.
The court of appeals held, in the case of Delaware Bank v. Jarvis (20 N. Y., 226), that where one transfers a note he impliedly warrants that there is no legal defense to its collection arising out of his own connection with its…
2Cases cited29 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Murray v. MurrayNew York Court of Chancery · 1821
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