Vosburgh v. . Diefendorf
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department made May 17, 1888, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court, and granted a new trial. The nature of the action and the material facts are stated in the opinion. There was no question of fact to be submitted to the jury. (Kelly v. Burroughs, 102 N. Y. 93, 95, 96; 51 Hun, 537; 1 Daniel on Neg.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department made May 17, 1888, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court, and granted a new trial. The nature of the action and the material facts are stated in the opinion. There was no question of fact to be submitted to the jury. (Kelly v. Burroughs, 102 N. Y. 93, 95, 96; 51 Hun, 537; 1 Daniel on Neg. Inst. § 803 ; Com. v. Clark, 94 N. S. 278; Cromwell v. County of Sac, 96 id. 351; Griffith v. Griffith, 9 Paige; 315 ; Varick v. Briggs, 6 id. 323.) The…
1Opinion of the CourtO’Brien, J.
This action was upon an instrument, in form, a promissory note, of which the following is a copy:
“ $2,000. Gouvebnbub, N. Y., December 15, 1886.
“ Sixty days after date I promise to pay B. T. Van Yalkenburgh or bearer Two Thousand Dollars at Spraker’s National Bank, Canajoharie, N. Y., value received, with interest at the rate of six per cent per annum.
“JOHN F. DIEFENDOBF.”
The defendant is the maker of the note, and at its date was a farmer who lived in the town of Boot, about ten miles from Canajoharie, Avhere, by the terms of the instrument, it was payable.
The defenses interposed to the note…
2Cases cited11 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Vallett v. ParkerNew York Supreme Court · 1831
- Stewart v. LansingSupreme Court of the United States · 1882
- Smith v. Sac CountySupreme Court of the United States · 1871
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3Cited by94 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- Second National Bank v. WestonNew York Court of Appeals · 1902
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