United States National Bank v. Ewing
New York Supreme Court
Appeal from circuit court, New York county. Action by the United States National Bank against Thomas Ewing. From an order denying a motion upon the minutes of the trial, to set aside a verdict rendered by direction of the court in favor of the plaintiff, and to grant a new trial upon the exceptions taken by defendant at said trial, defendant appeals.
1Opinion of the CourtLawrence, J.
The learned justice before whom this cause was tried, after having directed a verdict for the plaintiff, upon a motion for a new trial, rendered the following opinion:
“O’Brien, J. In Bank v. Penfteld, 69 N. Y. 502, it was said: ‘Whatever confusion may .have existed upon the point, we think we may now safely say, in the language of Prof. Parsons, (1 Pars. Notes & B. 296,) “that it is universally conceded that the holder of an accommodation note, without restrictions as to the mode of using it, may transfer it either in payment or as collateral security for an antecedent debt.” ’ And again,…
2Cases cited4 opinions
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Powell v. WatersNew York Supreme Court · 1819
- Freund v. Importers & Traders' National BankNew York Court of Appeals · 1879
- Wheeler v. AllenNew York Court of Common Pleas · 1879