Eastman v. . Shaw
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department setting aside a verdict in favor of plaintiff, and granting a new trial. This action was brought upon a promissory note made by the defendant for the payment of $200 to L. Weld or bearer, in one year after date, with interest. The note bore date May 13, 1867. There was an indorsement of fifty dollars made upon the note at the time of its execution.
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Appeal from order of the General Term of the Supreme Court in the third judicial department setting aside a verdict in favor of plaintiff, and granting a new trial. This action was brought upon a promissory note made by the defendant for the payment of $200 to L. Weld or bearer, in one year after date, with interest. The note bore date May 13, 1867. There was an indorsement of fifty dollars made upon the note at the time of its execution. Two or three days after its date, the note was sold to John Benedict for $115. Hear the close of March, and before its maturity, it was sold by Benedict to…
1Opinion of the Court
Dwight, C.
It cannot be disputed that if the note in litigation had been sold before maturity to a holder for full value, in good faith and in the usual course of business, none of the matters set up in the answer or proved at the trial would have been of any avail to prevent a recovery. Whether the defendant intended to deliver the note or not, or did in fact do so, would have been wholly immaterial. The paper in the similitude of a note had been put in the hands of Seymour and Elliott, for a purpose. If they violated instructions, and passed the paper to an honest holder, it was but an…
2Cases cited8 opinions
- Dowe v. SchuttNew York Supreme Court · 1846
- Hall v. WilsonNew York Supreme Court · 1853
- Newell v. . DotyNew York Court of Appeals · 1865
- Clark v. . SissonNew York Court of Appeals · 1860
- Kent v. WaltonNew York Supreme Court · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Grannis v. . StevensNew York Court of Appeals · 1916
- Sabine v. . PaineNew York Court of Appeals · 1918
- Baske v. RussellWashington Supreme Court · 1965
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Kommel v. Herb-Gner Construction Co.New York Court of Appeals · 1931
32 more not listed; retrieve them via the Exa API.