Legal Opinion

Smith v. Hedges

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 1915No. Actions Nos. 1 and 2PublishedCited by 3 opinions

Appeal by the defendant, Dayton Hedges, from two judgments of the Supreme Court in favor of the plaintiff, both entered in the office of the clerk of the county of Nassau on the 27th day of January, 1915, upon the verdict of a jury rendered by direction of the court, and also from two orders, both entered in said clerk’s office on said day denying motions for a new trial made upon the minutes.

1Opinion of the Court

Jenks, P. J.:

These two actions were tried together and the defendant’s appeals are united. The plaintiff, assignee of the Pioneer Iron Works, payee, brought the actions upon as many promissory notes of the defendant. The Trial Term, upon motion of the plaintiff, struck out the parts of the answers that set up separate and distinct defenses, tried the issue — as to the assign*350ment of the notes — and directed verdicts for the plaintiff. The opinion of Mr. Justice Crane, who presided at Trial Term, that was handed down upon denial of the motion to set aside the verdicts, thoroughly and correctly…

2Cases cited11 opinions

  1. Thomas v. . ScuttNew York Court of Appeals · 1891
  2. Eighmie v. . TaylorNew York Court of Appeals · 1885
  3. Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
  4. Smith v. . DotterweichNew York Court of Appeals · 1911
  5. Smith v. . CountrymanNew York Court of Appeals · 1864

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3Cited by3 opinions

  1. Luther v. Bud-Jack Corp.New York Supreme Court · 1973
  2. C. & N. Trading Co. v. Johnstown Fur Dressing Corp.New York Supreme Court · 1969
  3. Title Guarantee & Trust Co. v. PamAppellate Division of the Supreme Court of the State of New York · 1920

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