Schreiber v. Finan
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment, rendered in his favor in the Municipal Court of the city of Hew York, fifth district, borough of Manhattan, because, the defendant being subject to arrest and imprisonment, it is not so stated in the judgment.
1Opinion of the CourtMacLean, J.
From a stipulation received herein in lieu of evidence, it appeared that the plaintiff in good faith and for value, paid in money and merchandise, acquired a check on the Bowery Bank, drawn by one S. payable to the order of a certain T., who having’ indorsed the same in blank delivered it in due course to the defendant, who lost it, either accidentally or by theft; that after its purchase by the plaintiff, payment of the check was stopped by the drawer at the request of the defendant; that upon its being exhibited to the defendant for explanation, the defendant took the check and refused to…
2Cases cited1 opinion
- Searing v. GoodsteinNew York Court of Common Pleas · 1882