Legal Opinion

Dykman v. Northridge

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

Decided July 1, 1896Published

Appeal by the defendant, William J. Northridge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 31st day of January, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Kings County Circuit.

1Opinion of the Court

Hatch, J.:

On a prior appeal to the General Term a judgment recovered herein was reversed upon the ground that it did not appear that the bank parted with value for the note, which its receiver seeks by this action to enforce, and that the entries in the books of the bank were not competent to establish such fact, such entries not being supported by the evidence of any witness having knowledge of the transaction. (Dykman v. Northbridge, 80 Hun, 258.)

The present record is essentially different. It now appears by the testimony of Vail, who was the cashier of the bank, that some' years prior to…

2Cases cited3 opinions

  1. Cayuga County Bank v. Warden & GriswoldNew York Court of Appeals · 1848
  2. Dykman v. NorthridgeNew York Supreme Court · 1894
  3. McAndrew v. WhitlockNew York Court of Appeals · 1873

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