Springer v. . Dwyer
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 58 Barb., 189.) The suit was brought upon a promissory note for $500, dated September 15, 1866, made by the defendant Dwyer, payable to the order of Henry Dreyfous, sixty days from date, and indorsed by Dreyfous and Mossman.
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Appeal from judgment of the General Term of the-Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 58 Barb., 189.) The suit was brought upon a promissory note for $500, dated September 15, 1866, made by the defendant Dwyer, payable to the order of Henry Dreyfous, sixty days from date, and indorsed by Dreyfous and Mossman. The answer of defendant Dwyer denied that plaintiff was a bona fide owner or holder of the note, and that it was given upon a purchase of the interest of the payee in a copartnership induced by…
1Opinion of the Court
Chueoh, Ch. J.
The ground upon which the offer to prove the fraud of Dreyfous was rejected does not appear. Eo ground was specified, either in the objection or decision. One of the learned judges, who delivered an opinion below, justifies the rejection upon the ground that the offer did not constitute a defence based upon a rescission of the contract, because it is nbt stated that the defendant Dwyer reassigned, or offered to reassign, the partnership effects which had been assigned to him when the note was given. This was undoubtedly necessary if a rescission was claimed as the only defence;…
2Cases cited1 opinion
- Gillespie v. . TorranceNew York Court of Appeals · 1862
3Cited by25 opinions
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
- Roberts v. DonovanCalifornia Supreme Court · 1886
- Willoughby v. BallSupreme Court of Oklahoma · 1907
- Collins v. . ButlerNew York Court of Appeals · 1904
- Merchants Bank v. Acme Lumber & Mfg. Co.Supreme Court of Alabama · 1909
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