Le Baron v. Van Brunt
New York Court of Common Pleas
Appeal from a judgment of the general term of the marine court of the city of New York* affirming-a judgment of that court entered upon the findings of a justice upon trial by the court without a jury.' The action was brought upon a promissory note held by the plaintiff, and which was made by the defendant Thomas C. Van Brunt to the order of the defendants, George W. Smith and Edward S. Ferris, under their firm name of Geo. W. Smith & Co., and indorsed by them.
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Appeal from a judgment of the general term of the marine court of the city of New York* affirming-a judgment of that court entered upon the findings of a justice upon trial by the court without a jury.' The action was brought upon a promissory note held by the plaintiff, and which was made by the defendant Thomas C. Van Brunt to the order of the defendants, George W. Smith and Edward S. Ferris, under their firm name of Geo. W. Smith & Co., and indorsed by them. The facts are stated in the opinion of Daly, Ch. J. At the trial a jury was waived by consent of the parties, and the justice…
1Opinion of the Court
Charles P. Daly, Chief Justice.
On what ground the general term of the marine court affirmed this judgment does not appear. Nothing appears in the appeal papers, but a dissenting opinion by Judge Goepp, which states an objection to affirming the judgment, to which I see no answer. Assuming, as Ahearn testified, that the defendant Smith brought him a batch of notes, and got him to discount them upon a representation by him that they were business obligations, and that the note in suit was given in renewal in part of one of these notes, still the fact appears, and is not contradicted, that" when…
2Cases cited2 opinions
- Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
- Wayne County Savings Bank v. LowNew York Court of Common Pleas · 1878
3Cited by1 opinion
- Staples v. NottNew York Supreme Court · 1890