Harger v. . Worrall
New York Court of Appeals
Appeal by defendant Worrall from a judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The onus probandi was upon plaintiffs to show themselves bona fide purchasers.
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Appeal by defendant Worrall from a judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The onus probandi was upon plaintiffs to show themselves bona fide purchasers. (Edwards on Bills and Notes, 104, 105, 106, m. p.; Kimmerly v. Gorham, 60 N. Y., 632; Bank St. Albans v. Gilliland, 23 Wend., 311, 313; Purchaser v. Mattison, 15 Abb. Pr., 402, 405; Woodruff v. Wicker, 2 Bosw., 613, 616, 617; Clark v.…
1Opinion of the CourtRapallo, J.
This action was brought against the appellant and his co-partner as acceptors of a bill of exchange drawn upon them by the Pittston and Elmira Coal Company, and transferred to the plaintiffs. The complaint contains all the necessary allegations to maintain the action, and among them an averment that after acceptance and before maturity, . the bill was, for value received, sold, transferred and delivered to the plaintiffs. The answer does not deny any of the allegations of the complaint, but sets up as a defence that the bill was accepted by the defendants without consideration, and solely for…
2Cases cited5 opinions
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Mechanics Traders' Nat. B'k v. . CrowNew York Court of Appeals · 1875
- Moore v. TracyNew York Supreme Court · 1831
- Bank of St. Albans v. Gilliland & RaymondNew York Supreme Court · 1840
- Ross v. BedellThe Superior Court of New York City · 1856
3Cited by24 opinions
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
- Kittredge v. . GrannisNew York Court of Appeals · 1923
- Hinkley v. Fourth National BankIndiana Supreme Court · 1881
- Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893
- Standing Stone National Bank v. WalserSupreme Court of North Carolina · 1913
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