Mechanics' & Traders' Bank v. Crow
New York Court of Common Pleas
Appeal by defendants from a judgment of this court entered on the verdict of a jury. The action was brought by the Mechanics’ and Traders’’ National Bank of the City of New York, on a note fort$2,500, made by the defendant Crow to Dusenbury & Nelson, and£indorsed by the defendant Riceman before its discountfby the plaintiff. The facts on which the defendants Crow and Riceman claimed to escape liability, are stated in the opinion.
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Appeal by defendants from a judgment of this court entered on the verdict of a jury. The action was brought by the Mechanics’ and Traders’’ National Bank of the City of New York, on a note fort$2,500, made by the defendant Crow to Dusenbury & Nelson, and£indorsed by the defendant Riceman before its discountfby the plaintiff. The facts on which the defendants Crow and Riceman claimed to escape liability, are stated in the opinion. Plaintiff obtained a verdict for the full amount of the note and interest, and Crow and Riceman appealed.
1Opinion of the CourtRobinson, J.
Defendants are sued as maker and indorser of a promissory note, dated New York, July 16, 1872, for $2,500, payable to the order of and indorsed by Dusenbury & Nelson. The testimony of the defendant Crow was, that this was an exchange note which he gave Dusenbury & Nelson, the payees, on their agreement to give him their note with the indorsement of A. D. Nelson, father of one of that firm, and on their promise to give him $1,800 out of it when discounted. He first testified they had given him the father’s note, and then that they had not, and the jury, if the fact were material, had the right…
2Cases cited5 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Day v. SaundersNew York Court of Appeals · 1867
- Bunn v. VaughanNew York Court of Appeals · 1867
- McSpedon v. Troy City BankNew York Court of Appeals · 1869
- President of Troy City Bank v. McSpedonNew York Supreme Court · 1860
3Cited by4 opinions
- First National Bank of Chicago v. DeanNew York Court of Appeals · 1893
- Townsend v. AuldNew York Court of Common Pleas · 1894
- Gay v. UlrichsAppellate Division of the Supreme Court of the State of New York · 1910
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883