Chapman v. . Rose
New York Court of Appeals
This cause was tried at a circuit at Newburgh, in November, 1871, before Hon. Joseph F. Barnard, J., and a jury. The jury rendered a verdict in favor of the defendant and against the plaintiff, for costs.
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This cause was tried at a circuit at Newburgh, in November, 1871, before Hon. Joseph F. Barnard, J., and a jury. The jury rendered a verdict in favor of the defendant and against the plaintiff, for costs. On the trial it appeared that on the 1st day of February,. 1871, a person representing himself as Alfred E. Miller, cam© to the defendant, a farmer, at his barn in the town of Warwick, Orange county, and asked him to take an agency for the sale of a patent hay-fork, which defendant finally assented to do. Miller then requested him to sign an agreement creating and accepting the agency, and…
1Opinion of the CourtJohnson, J.
The judge charged the jury that if the paper sued upon was never delivered as a note, the plaintiff must fail in the action, and that even if it was delivered and the plaintiff neglected to make proper inquiry as to its origin, he was not a bona fide holder and could not recover.
The exception to the charge was general, but if both propositions were erroneous the error can be reached and cor rected, especially as the attention of the judge appears to have been called by request, to charge to the precise grounds on which the charge is now claimed to be erroneous. The latter branch of the charge…
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- Page v. . KrekeyNew York Court of Appeals · 1893
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- Hall v. Bank of BlasdellNew York Court of Appeals · 1954
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