American Exchange National Bank v. New York Belting & Packing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the sum of $5,000 and interest, upon a promissory note dated July 18th, 1890, and made by the defendant to its own order.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the sum of $5,000 and interest, upon a promissory note dated July 18th, 1890, and made by the defendant to its own order. The defendant admitted the making of the note ; but denied that the plaintiff was a holder for value and in good faith, and alleged that the plaintiff took the same with full notice and knowledge of the…
1Opinion of the CourtGray, J.
The learned counsel for the defendant has, with much ability and with considerable force, insisted that it was ■error to direct a verdict for the plaintiff; inasmuch as it had not relieved itself of the burden of proving that it was a holder of the note for value and in good faith. He argues, in substance, that the evidence of the witness Corey, disclosing the circumstances under which the plaintiff had received, as security for its loan to the Potter-Lovell Company, the prior notes of the defendant, (for one of which the note in suit was substituted), was insufficient to warrant the…
2Cases cited4 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Grant v. . WalshNew York Court of Appeals · 1895
3Cited by44 opinions
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Manufacturers & Traders Trust Co. v. SapowitchNew York Court of Appeals · 1947
- Kittredge v. GrannisNew York Court of Appeals · 1926
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