Tinsdale v. Murray
New York Court of Common Pleas
Appeal from an order of the general term of the marine court of the city of New York, reversing a judgment of that court entered upon the verdict of a jury, and granting a new trial. The action was brought upon a promissory note made by the defendant Francis X. Schoonmaker, and indorsed by the defendant Henry Murray. The facts are stated in the opinion. The defendant, Schoonmaker, did not answer the complaint.
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Appeal from an order of the general term of the marine court of the city of New York, reversing a judgment of that court entered upon the verdict of a jury, and granting a new trial. The action was brought upon a promissory note made by the defendant Francis X. Schoonmaker, and indorsed by the defendant Henry Murray. The facts are stated in the opinion. The defendant, Schoonmaker, did not answer the complaint. Upon trial of the issues on the answer of the defendant Murray, the judge instructed.the jury as follows: “ The question for you to consider is solely whether or not, at any…
1Opinion of the CourtVan Hoesen, J.
In the case of Wheeler v. Allen (59 How. Pr. 118), as well as in the cases of Mohawk Bank v. Corey (1 Hill, 515), and Montross v. Clark (2 Sandf. 115), the plaintiff was a bonafide holder for value. The case now before us differs from them all in that respect, and we are called on to consider whether the plaintiff, who received the note merely as collateral security for an antecedent debt, is entitled to recover upon it from the defendant Murray, who indorsed it with the expectation that it would be discounted by Mr. Henry Hilton. The jury found by their verdict that the note was not indorsed…
2Cases cited8 opinions
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Powell v. WatersNew York Supreme Court · 1819
- Wardell v. HowellNew York Supreme Court · 1832
- Harris v. . BurdettNew York Court of Appeals · 1878
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3Cited by10 opinions
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Milius v. KauffmannAppellate Division of the Supreme Court of the State of New York · 1905
- Brown v. SimmonsNew York Court of Common Pleas · 1888
- Powell v. LambNew York Court of Common Pleas · 1889
- Ayres v. DoyingNew York Supreme Court · 1886
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