Owens v. Blackburn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. Owens, from an interlocutory judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 14th day of November, 1913, sustaining a demurrer interposed by the defendant Blackburn to the first cause of action set forth in the complaint on the ground that the facts alleged are insufficient to constitute a cause of action.
1Opinion of the Court
Laughlin, J.:
The plaintiff’s first cause of action is on an instrument in writing which is set forth in the complaint as follows, viz.:
“$4192.50 Zanesville, Ohio, February 12, 1907.
“Four months after date we or either of us promise to pay to the Old Citizens’ National Bank of Zanesville, Ohio, Four thousand one hundred ninety-two and 50/100 Dollars, value received, payable at said Bank with interest at 6 per cent per annum.
“No. 17319. Due June 12. J. E. BLACKBURN
“ ELMER DOVER
“ J. B. OWENS.”
The note not being payable to bearer or order is non-negotiable (Neg. Inst. Law [G-en. Laws, chap. 50;…
2Cases cited12 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- Hard v. . MingleNew York Court of Appeals · 1912
- Browning, King & Co. v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by23 opinions
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- Burk v. PeterUtah Supreme Court · 1949
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