Legal Opinion

Goodwin v. . Conklin

New York Court of Appeals

Decided April 19, 1881PublishedCited by 7 opinions

These were cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of January, 1878, modifying and affirming as modified a judgment in favor of defendant entered upon a verdict, and denying a motion for a new trial. The nature of the modification and of the action, and the material facts are stated in the opinion.

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These were cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of January, 1878, modifying and affirming as modified a judgment in favor of defendant entered upon a verdict, and denying a motion for a new trial. The nature of the modification and of the action, and the material facts are stated in the opinion. The acceptance of a note or bill by a creditor in satisfaction of a debt due him is a negotiation by the debtor for value.. (Purchase v. Mattison, 3 Bosw. 310; White v. Springfield Bk., 3…

1Opinion of the CourtRapallo, J.

This action was brought upon a promissory note for $520.80, made by the defendant, dated Sept. 2, 1874, payable to the order of the plaintiff, three months after date. The defense set up was that this note had been given as a part renewal of two notes, one for $2,000, and one for $1,900, which nearly three years previously, viz., in December, 1871, the defendant had given to one Sittig, and which Sittig had transferred to the plaintiffs, and which had been from time to time reduced by partial payments to the plaintiffs, and in part renewed. The defendant claimed that he had a good defense to…

2Cited by7 opinions

  1. Heller v. . CohenNew York Court of Appeals · 1897
  2. Riley v. BlackNew York Court of Common Pleas · 1892
  3. Blackwell v. BainbridgeNew York Court of Common Pleas · 1892
  4. Johnson v. Cadillac Motor Car Co.District Court, N.D. New York · 1912
  5. Kummer v. Christopher & East Tenth Street RailroadNew York Court of Common Pleas · 1893

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