Nickerson v. . Ruger
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict directed by the court. The nature of the action and the facts are set forth sufficiently in the opinion. The burden was upon plaintiffs to show they were bona fide holders of the note in suit.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict directed by the court. The nature of the action and the facts are set forth sufficiently in the opinion. The burden was upon plaintiffs to show they were bona fide holders of the note in suit. (King v. Fitch, 1 Keyes, 447; De Joe v. Brandt, 53 N. Y., 462; Weaver v. Barden, 49 id., 298; Barnard v. Campbell, 55 id., 456; 58 id., 73; Pringle v. Phillips, 5 Sandf., 157; Danforth v. Dart, 4 Duer, 101; 58 N. Y., 76; 55 id., 493.) . The…
1Opinion of the CourtDanforth, J.
The action is upon a promissory note, dated June 21, 1875, purporting to be made by the defend ants, Emil Ruger, William Ruger and Richard Garry, under the name of Ruger Bros. & Co., payable to the order of Isaac Taylor, four months after date. The plaintiffs claim as Taylor’s indorsees. The makers and indorsees were all sued. The makers alone defended. They admitted by their answer the execution of the note, but denied that Taylor had indorsed it, and set up as an affirmative defense that the note was not made for value, but was fraudulently obtained from them by Taylor ; that the plaintiffs…
2Cases cited6 opinions
- Wardell v. HowellNew York Supreme Court · 1832
- Avery v. SlackNew York Supreme Court · 1837
- Worrall v. . ParmeleeNew York Court of Appeals · 1848
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- Ross v. BedellThe Superior Court of New York City · 1856
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- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
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