Second National Bank v. Weston
New York Court of Appeals
Appeal from a judgment entered January 4] 1900, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance hy the Appellate Division, denying a motion for a new trial and directing judgment for defendant on the verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered January 4] 1900, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance hy the Appellate Division, denying a motion for a new trial and directing judgment for defendant on the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The direction of a verdict for the defendant, and the affirmation of that direction by the appellate court was error in law. Plaintiff was clearly entitled under the undisputed…
1Opinion of the CourtOullen, J.
The action was brought against Wallace W„ Weston, Orren'Weston and Abijah Weston, as makers, and George E. Ramsey, as indorser, of three promissory notes, all bearing date December 21st, 1891, and payable respectively at twenty, twenty-one and twenty-four months after date, at the First Rational Bank of Olean, Rew York. The plaintiff is a national bank located at Morgantown, West Virginia about four hundred miles from Olean. The defendants Weston were, up to the 5th day of January, 1892, copartners carrying on a very large lumber business at Weston Mills near Olean, under the firm name of…
2Cases cited14 opinions
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- Hull v. . LittauerNew York Court of Appeals · 1900
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- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Payne v. . BurnhamNew York Court of Appeals · 1875
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3Cited by48 opinions
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- Manufacturers & Traders Trust Co. v. SapowitchNew York Court of Appeals · 1947
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