German-American Bank v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the German-American Bank of Rochester, from an order of the Supreme Court,, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 16th day of January, 1904, setting aside the verdict of a jury in favor of the plaintiff, theretofore rendered by direction of the court after a trial at the Monroe Trial Terna, and granting a new trial of the action.
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Appeal by the plaintiff, the German-American Bank of Rochester, from an order of the Supreme Court,, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 16th day of January, 1904, setting aside the verdict of a jury in favor of the plaintiff, theretofore rendered by direction of the court after a trial at the Monroe Trial Terna, and granting a new trial of the action. Among other things said order recites: “ Ordered, that the said verdict herein be and the same is hereby set aside and a new trial of this action be and the same is hereby granted…
1Opinion of the Court
MoLenijait, P. J.:. Upon the trial the plaintiff produced the two promissory notes described in the complaint, proved their indorsement by Mary E. Cunningham, the payee, and the signature of the defendant, the maker, having been admitted, introduced them in evidence and rested.. Thus the plaintiff established ¡prima facie that it became the owner of the notes before they Were overdue, in good faith and for value and without notice of any infirmity in the instruments or defect in the title of the person negotiating the same. (Neg. Inst. Law, §§ 75, 91.) , .
Thereupon the presumption arose that…
2Cases cited7 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Koehler v. . AdlerNew York Court of Appeals · 1879
- American Exchange National Bank v. New York Belting & Packing Co.New York Court of Appeals · 1896
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Bernheimer v. AdamsAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by16 opinions
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- Gourley v. Pioneer Loan Co.Supreme Court of Oklahoma · 1915
- Shellenberger v. NourseIdaho Supreme Court · 1911
- Weiss v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1924
- Steinberger v. HittelmanAppellate Terms of the Supreme Court of New York · 1915
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