Citizens' State Bank v. . Cowles
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1904, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the actión and the facts, so far as material, are stated in the opinion. The trial judge erred in directing a verdict for the plaintiff at the close of the testimony.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1904, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the actión and the facts, so far as material, are stated in the opinion. The trial judge erred in directing a verdict for the plaintiff at the close of the testimony. (Higgins v. Eagleton, 155 N. Y. 466 ; Whitaker v. S. I. M. R. R. Co., 72 App. Div. 468;. Williams v. Brown, 53 App. Div. 486; Martin v. H. Bank, 160 N.…
1Opinion of the CourtWerner, J.
The action is upon a check dated June 1st, 1900, drawn by the defendant upon the First National Bank of Port Chester, N. Y., to the order of W. W. Miller & Sons, for $600. The check was given in payment for a team of horses purchased by the defendant from the Millers under a written guaranty of soundness and condition, the alleged breach of which is now sought to be interposed as a defense.
The horses were delivered shortly after midnight on the 2nd day of June, and later in the morning it was discovered that one of them was ill from pneumonia, as a result of which it died within about nine…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Albany County Bank v. People's Co-operative Ice Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Wood v. BradySupreme Court of the United States · 1893
- Dykman v. NorthridgeNew York Supreme Court · 1894
3Cited by36 opinions
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Chrzanowska v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1916
- Bath National Bank v. Ely N. Sonnenstrahl, Inc.New York Court of Appeals · 1928
- Union National Bank v. WinsorSupreme Court of Minnesota · 1907
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