Legal Opinion

Milius v. Kauffmann

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1905PublishedCited by 6 opinions

Appeal by the plaintiff, Edward Milius, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of October, 1904, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 31st day of October, 1904, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.

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Appeal by the plaintiff, Edward Milius, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of October, 1904, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 31st day of October, 1904, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes. This is an action by an indorsee against the maker of a promissory note. The note was for $1,500. It was dated on the; 20th day pf November, 1903, payable to the…

1Opinion of the Court

Laughlin, J.:

The respondent contends that Manheim could not have enforced' the payment of the note because he defaulted in the payment of his note given'at the same time pursuant to the agreement for the mutual exchange of notes, and that the plaintiff, having taken the note as security for an antecedent debt, is not a bona fide holder, and the note in his hands is subject to any defense that exists against its collection by Manheim. We are of opinion that there was a good consideration for the note as between the original parties ; that the execution of the notes constituted it an executed…

2Cases cited6 opinions

  1. Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
  2. Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
  3. Rice v. . GrangeNew York Court of Appeals · 1892
  4. First National Bank v. WoodNew York Court of Appeals · 1891
  5. Tinsdale v. MurrayNew York Court of Common Pleas · 1881

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3Cited by6 opinions

  1. Brown v. BrownCity of New York Municipal Court · 1915
  2. Dill & Collins Co. v. MorisonAppellate Division of the Supreme Court of the State of New York · 1913
  3. A. E. McBee Co. v. ShoemakerAppellate Division of the Supreme Court of the State of New York · 1916
  4. Artia Parliament Distributing Corp. v. KendricksAppellate Division of the Supreme Court of the State of New York · 1963
  5. Emerson v. ShefferAppellate Division of the Supreme Court of the State of New York · 1906

1 more not listed; retrieve them via the Exa API.

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