Bennett v. . Cook
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the sixth judicial district, reversing that part of the judgment of the referee appealed from by the defendants, and affirming that part appealed from hy the plaintiffs. The action was originally commenced in the name of Green Bennett v. Charles Cook.
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Appeal from the judgment of the General Term of the Supreme Court, in the sixth judicial district, reversing that part of the judgment of the referee appealed from by the defendants, and affirming that part appealed from hy the plaintiffs. The action was originally commenced in the name of Green Bennett v. Charles Cook. During its trial Charles M. Bennett was added as co-plaintiff, and Charles Cook having died, the present defendants, who are both his heirs and administrators, were substituted as defendants. The action was brought in a double aspect, either to be permitted, as assignee of one…
1Opinion of the CourtPeckham, J.
In my opinion the report of the referee was substantially right. The question is, was the note for $4,400 given to and received by the hank in payment of the two drafts, etc., so as to enable the plaintiffs to call upon the defendant for the security he held against his liability on that claim ? In the first place no payment is found by the referee and every presumption is in favor of the report for affirmance, not for reversal. In the next place the defendant after this alleged- payment and extinction of these drafts by this indorsed note, advised and urged their prosecution against the…
2Cases cited3 opinions
- Kyner v. KynerSupreme Court of Pennsylvania · 1837
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
3Cited by7 opinions
- National Exchange Bank v. . SillimanNew York Court of Appeals · 1875
- Fullerton v. BaileyUtah Supreme Court · 1898
- Seven Sixty Travel, Inc. v. American Motorists InsuranceNew York Supreme Court · 1979
- Bohhoff v. WieHorstNew York Supreme Court · 1908
- Bennett v. CookNew York Supreme Court · 1874
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