Legal Opinion · Concurrence

Ewing v. Wightman

Appellate Division of the Supreme Court of the State of New York

Decided April 22, 1898Published

Appeal from trial term. Action by Henry O. Ewing, as receiver of the Cardiff Coal & Iron Company, against George B. Wightman. From a judgment entered on a verdict directed by the court, and from an order denying a new trial, defendant appeals.

1ConcurrenceIl'TGBAHAM, J.

The action was brought by the plaintiff, as receiver of a Tennessee corporation, the Cardiff Coal <& Iron Company, to recover for 61 promissory notes made by the defendant, and duly transferred to that corporation. With one or two exceptions, the notes are similar in form, except as to the date, the amount, and time of payment, and the fact that some of the notes were made payable to one H. 0. Young, and some directly to the order of the Cardiff Coal & Iron Company. The making of the notes hating been admitted, when the case came on for trial counsel for the plaintiff claimed that the burden…

2Cases cited5 opinions

  1. Eddy v. . DavisNew York Court of Appeals · 1889
  2. Abbott v. AllenNew York Court of Chancery · 1817
  3. Beecher v. . ConradtNew York Court of Appeals · 1855
  4. Grant v. . JohnsonNew York Court of Appeals · 1851
  5. Lewis v. McMillenNew York Supreme Court · 1863

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