Legal Opinion

Wamsley v. Darragh

New York Court of Common Pleas

Decided December 2, 1895PublishedCited by 1 opinion

Appeal from city court, general term. Action by William E. Wamsley against Thomas A. Darragh on a promissory note. From a judgment of the city court, affirming a judgment in favor of plaintiff, defendant appeals. Affirmed.

1Opinion of the CourtBischoff, J.

To an action by the indorsee of a promissory note, payable to the order of one Robert L. Darragh, against the maker, the defendant, after denying the fact of indorsement, as well as the plaintiff’s title to and ownership thereof, answered that the note was indorsed in the name of the payee and transferred to the plaintiff by one Laura A. Darragh, who assumed, in that behalf, to act under a power of attorney which was executed by the payee while insane, and procured of him by means of undue influence and duress. The cause was tried before the justice, without a jury, at trial term of the court…

2Cases cited5 opinions

  1. Dexter v. HallSupreme Court of the United States · 1873
  2. Hughes v. . JonesNew York Court of Appeals · 1889
  3. Fonda v. Van HorneNew York Supreme Court · 1836
  4. Bunce v. GallagherU.S. Circuit Court for the District of Southern New York · 1867
  5. Hughes v. HughesNew York Court of Common Pleas · 1894

3Cited by1 opinion

  1. Casey v. KastelNew York Supreme Court · 1922

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