McCammon v. Shantz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Moses B. Shantz, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 7tli day of August, 1899, upon the verdict of a jury, rendered after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 29th day of July, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Adams, P. J.:
The plaintiff brings this action to recover the amount claimed to be due upon a note for $3,750, made by the defendant to the order of one Francis C. Grable, bearing date November 17, 1897, and payable in four months after date.
The defendant, while admitting the execution of the note, insists that the plaintiff is not a bona fide holder thereof for value, and the issue thus presented was the only one litigated upon the trial. The plaintiff, in order to maintain the issue upon his part and establish a prima facie case, produced the note and then rested. The defendant thereupon…
2Cases cited4 opinions
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Van Mater v. BurnsNew York Supreme Court · 1894
3Cited by4 opinions
- National Bank of Commerce v. ChatfieldTennessee Supreme Court · 1907
- Mitchell v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
- Bankers' Commercial Security Co. v. Piercy Corp. of AmericaNew York Supreme Court · 1932
- Mitchell v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903