Herrick v. . Woolverton
New York Court of Appeals
Appeal from an order of the General Term, third district, granting anew trial on a verdict rendered at the circuit in favor of the defendant.
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Appeal from an order of the General Term, third district, granting anew trial on a verdict rendered at the circuit in favor of the defendant. The action was brought on a promissory note made by the defendant, on the 9th day of February, 1861, for $1,500 on demand, with interest, to the order of H. D. Hawkins, and immediately on the same day indorsed by him, and delivered to Jonathan E. Herrick, who was the original holder or indorsee; who continued to hold it until the 28th of April, or 1st of May, 1861, when he transferred it to his brother, Delaus W. Herrick, the plaintiff. The note was…
1Concurrence
If this action had been brought at any time before the case ofMerritt v. Todd (23 N.Y., 28), the law, as it was understood to be settled in this State, would have required a judgment for the defendant. That case is understood to be a departure from every case in this State previously decided upon the same point, and to have laid down a new rule. However much we may differ with the learned judge who wrote the opinion in that case, as to the propriety of the rule laid down by him, it is better to adhere to it than to unsettle the law by bringing that decision in question. When, however, it…
2Cases cited7 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Merritt v. . ToddNew York Court of Appeals · 1861
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Kimpton v. BronsonNew York Supreme Court · 1866
- Payne v. SlateNew York Supreme Court · 1863
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