Legal Opinion

Farmers' Loan & Trust Co. v. Housatonic Railroad

New York Court of Appeals

Decided March 16, 1897PublishedCited by 28 opinions

Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 28, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 28, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in not dismissing the complaint and directing a verdict for defendant, in charging the jury that they might find the resolution of .September 18, 1872, to be a contract between plaintiff and defendant, and in receiving the check sued on in…

1Opinion of the CourtO’Brien, J.

This action was brought by William H. Star-buck against the defendant upon a check for $12,916.67, dated June 15, 1892, signed by the defendant’s assistant treasurer, directed to the First 27ational Bank of Bridgeport, Conn., for the payment to the order of cash of the sum mentioned. It was indorsed by Starbuck for deposit, in the Farmers’ Loan and Trust Company to his credit, and was subsequently presented to the drawee and dishonored. The trial resulted in a verdict for the plaintiff, which was affirmed at the General Term. Subsequent to the entry of the judgment in that court Starbuck, the…

2Cases cited2 opinions

  1. Mather v. Eureka Mower Co.New York Court of Appeals · 1890
  2. Smith v. . the Long Island R.R. Co.New York Court of Appeals · 1886

3Cited by28 opinions

  1. Pattison v. PattisonNew York Court of Appeals · 1950
  2. Schoepflin v. . CoffeyNew York Court of Appeals · 1900
  3. Young v. United States Mortgage & Trust Co.New York Court of Appeals · 1915
  4. People Ex Rel. Curren v. WoodIllinois Supreme Court · 1945
  5. Lowe v. RingWisconsin Supreme Court · 1904

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