Legal Opinion

Katz v. Kuhn

New York Court of Common Pleas

Decided April 5, 1880PublishedCited by 2 opinions

' Appeal from an order of the general term of the marine court of the city of New York affirming a judgment of that court entered on the verdict of a jury. The action was brought, by the indorsee, upon a promissory note, against the maker and indorsers. The facts are stated in the opinion.

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' Appeal from an order of the general term of the marine court of the city of New York affirming a judgment of that court entered on the verdict of a jury. The action was brought, by the indorsee, upon a promissory note, against the maker and indorsers. The facts are stated in the opinion. At the trial, the jury found a verdict for the defendants; and a motion by the plaintiff for a new trial on the minutes was denied, and judgment for the defendants was entered on the verdict. From the judgment and the order denying a new trial the plaintiff appealed to the general term of the marine court,…

1Opinion of the Court

Van Hoesen, J.—This

action is brought upon a promissory note, made by Kuhn, and indorsed by the defendants Roediger and Koenig. The complaint alleges the mating of the note by Kuhn, the indorsement of it before maturity by Roediger and Koenig, the transfer before maturity to the plaintiff, the non-payment of the note when presented for payment, and the giving of due notice to the indorsers. Kuhn, the maker, admits the mating of the note, and alleges that it was transferred to the plaintiff as collateral security for another note of $175, which the plaintiff had discounted for him at a usurious…

2Cases cited5 opinions

  1. Catlin v. . GunterNew York Court of Appeals · 1854
  2. Manning v. . TylerNew York Court of Appeals · 1860
  3. Griggs v. HoweNew York Court of Appeals · 1866
  4. Duel v. SpenceNew York Court of Appeals · 1854
  5. Hull v. BallNew York Supreme Court · 1856

3Cited by2 opinions

  1. Woodriff v. HunterAppellate Division of the Supreme Court of the State of New York · 1901
  2. Clarkson v. MeyerCity of New York Municipal Court · 1891

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