Legal Opinion

Bell v. McNiece

City of New York Municipal Court

Decided February 8, 1892Published

Appeal from trial term. Action by John Bell and another against James McNiece and another. From a judgment for plaintiffs, defendants appeal.

1Opinion of the CourtFitzsimons, J.

The defendant McNiece made a promissory note, payable to defendant Byrne, who, before maturity, indorsed it over to plaintiff. The defendant McNiece, by his answer, alleges that said note was obtained from him by the defendant Byrne by false representations, and without consideration therefor, and that plaintiffs were not holders of the same for value. The trial justice directed a verdict for plaintiffs for $504.19. The testimony shows that the note in suit was received from defendant Byrne by plaintiffs as a payment on account of material furnished him by plaintiffs prior to their acceptance…

2Cases cited1 opinion

  1. Prince v. Never-Rip Jersey Co.City of New York Municipal Court · 1891

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