Columbia Bank v. . Birkett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action is upon a promissory note for $/T50 ; dated .February 15th, 1899, and payable April 5th, 1899 ; made by the firm of Russell & Birkett, of which defendant is the'surviving member, to the order of the Manhattan Railway Adver-, tising Company and by the payee transferred to the plaintiff before maturity. Defendant set up in his1 answer the…
1Opinion of the CourtGray, J.
The appellant does not dispute that the findings of fact are supported by the evidence ; but he does dispute that they support the legal conclusion. Indeed, the evidence, upon which the finding as to the defendant’s knowledge of plaintiff’s ownership and holding of the note is based, leaves no doubt possible as to that fact. The note was due April 5th, 1899. On March 27th, 1899, in response to a request of the defendant’s firm for an extension of their note, its payee, the advertising company, informed them that it was held by the plaintiff, whose president refused to give any extension.…
2Cited by44 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Custard v. WigdersonWisconsin Supreme Court · 1907
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- Sutherland v. LasherNew York Supreme Court · 1903
- Horbach v. ArkellAppellate Division of the Supreme Court of the State of New York · 1916
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