Legal Opinion

Lyon v. Fitch

The Superior Court of New York City

Decided May 2, 1892Published

The trial judge dismissed the plaintiff’s complaint, and directed that the exceptions be heard in the first • instance at genera,! term. The plaintiff moves for a new trial on the exceptions taken.

1Opinion of the Court

By the Court.—McAdam, J.

The action is on a $4,000 note made May 1, 1889, by the defendant Whitney to his own order, payable thirteen months after date. Whitney endorsed upon the note first his individual name, and next that of Fitch & Whitney, a firm of which he was a member, and delivered the note to one Hills, who thereafter transferred it to the plaintiff. The original consideration for the note was moneys loaned by Hills to Whitney, individually, long before the firm of Fitch & Whitney was formed. The plaintiff received the note from Hills before Maturity and gave him credit on account…

2Cases cited11 opinions

  1. Pleasants v. FantSupreme Court of the United States · 1875
  2. Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
  3. Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
  4. Moore v. . RyderNew York Court of Appeals · 1875
  5. Mercein v. Andrus & MackNew York Supreme Court · 1833

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