Legal Opinion

Farmers' Loan & Trust Co. v. Siefke

New York Court of Appeals

Decided January 15, 1895PublishedCited by 66 opinions

Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, "entered upon an order made March 6, 1893, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action upon a sealed instrument in the form of a promissory note. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, "entered upon an order made March 6, 1893, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action upon a sealed instrument in the form of a promissory note. The facts, so far as material, are stated in the opinion. The court erred in instructing the jury as to the burden of proof on the issue of a material alteration. (Davis v. Jenney, 1 Metc. 221; Meikel v. S. S. Inst., 36 Ind. 355;…

1Opinion of the Court

Andbews, Ch. J.

The complaint alleged that the note sued upon was given for value, and was under the hand and seal of the defendant. The answer contained a general denial of the allegations in the complaint, and in separate paragraphs, stated to constitute separate defenses, alleged that the note was without consideration, and that it was altered in material parts, and, among other things, by affixing a seal thereto without the consent or privity of the defendant. On the trial the note was offered in evidence by the plaintiff, and he then rested. The execution of the note by the defendant…

2Cases cited4 opinions

  1. Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
  2. Milbank v. . JonesNew York Court of Appeals · 1894
  3. Schwarz v. . OppoldNew York Court of Appeals · 1878
  4. Simpson v. DavisMassachusetts Supreme Judicial Court · 1876

3Cited by66 opinions

  1. Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
  2. Grossman v. RankinNew York Court of Appeals · 1977
  3. Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
  4. First National Bank v. FordWyoming Supreme Court · 1923
  5. Dougherty v. . SaltNew York Court of Appeals · 1919

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