Continental National Bank v. Bell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 23, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a promissory note dated February 6,1885, made by the defendant Clark Bell, for $1,58421, payable sixty days after date to the order of the defendant Hiram B. Crosby.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 23, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a promissory note dated February 6,1885, made by the defendant Clark Bell, for $1,58421, payable sixty days after date to the order of the defendant Hiram B. Crosby. Defendant Bell alleged that said note was given without- any consideration, and for the accommodation of Crosby, the purpose being to enable Crosby to purchase' certain shares of…
1Opinion of the CourtAndrews, J.
I am unable to find in the record any evidence to justify a conclusion that the note of the defendant was pledged by Crosby to secure rent which might accrue to the plaintiff subsequent to Hay 1, 1885, or that the plaintiff ever acquired any right from Crosby to hold the note as security therefor. The only arrangement between Crosby and the bank in respect to the note, was made some time in February, 1885, and whatever right or interest the bank acquired therein depended upon the arrangement then made. Crosby was indebted to the bank for three quarters’ rent past due, amounting to $1,500, and…
2Cases cited5 opinions
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
- Wardell v. HowellNew York Supreme Court · 1832
- Gordon v. . BoppeNew York Court of Appeals · 1874
3Cited by8 opinions
- Sherman v. . FosterNew York Court of Appeals · 1899
- Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893
- Armstrong v. . McLeanNew York Court of Appeals · 1897
- Windsor Trust Co. v. ChampignySupreme Court of Connecticut · 1927
- Edward C. Jones Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
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