Smith v. . Dotterweich
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 13, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in tlie opinion. The notes in suit were delivered upon a condition precedent which has not been performed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 13, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in tlie opinion. The notes in suit were delivered upon a condition precedent which has not been performed. (Smith v. Mussetter, 58 Minn. 159; Graham v. Remmel, 76 Ark. 140; Mendenhall v. Ulrich, 99 Minn. 100; Andrews & Co. v. Hess, 20 App. Div. 194; Benton v.…
1Opinion of the CourtWerner, J.
On the 28th day of February, 1901, the defendant executed and delivered to the plaintiff a promissory note for $3,740, payable in six months. When this note became due it was renewed by the four notes in suit which were dated August 28, 1901, and payable in six months from that date. These renewal notes were not paid at maturity, and the plaintiff brought this action upon a complaint in the usual form. Upon the trial the plaintiff introduced evidence to show that the original note was given in payment of premiums upon two life insurance policies issued to the defendant by the John Hancock…
2Cases cited10 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Benton v. . MartinNew York Court of Appeals · 1873
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
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3Cited by81 opinions
- Ehrlich v. American Moninger Greenhouse Manufacturing Corp.New York Court of Appeals · 1970
- Damora v. Christ-JanerSupreme Court of Connecticut · 1981
- Arnold Palmer Golf Company v. Fuqua Industries, Inc.Court of Appeals for the Sixth Circuit · 1976
- Long Island Trust Co. v. International Institute for Packaging Education, Ltd.New York Court of Appeals · 1976
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
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