Brooklyn Bank v. . Barnaby
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision at a Trial Term without a jury. This is an action upon a promissory note for $68,000, made and delivered by the defendant to the plaintiff, bearing date February 12th, 1894, and payable on demand, with interest.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision at a Trial Term without a jury. This is an action upon a promissory note for $68,000, made and delivered by the defendant to the plaintiff, bearing date February 12th, 1894, and payable on demand, with interest. Attached to the note was a schedule of securities, which the defendant had deposited with the plaintiff as collateral, and this was followed by a written authorization empowering the bank, its…
1Opinion of the CourtWerner, J.
The action was brought, as stated in the foregoing compendium of facts, to recover upon a promissory note. The only defense interposed is that of the Statute of Limitations. The question whether that defense is valid or not depends upon the legal effect of two transactions which are relied upon by the plaintiff to take the case out of the operation of the statute. The repetition of a few facts "will disclose the bearing of these transactions upon the issue presented.
The note ivas made on the 12th day of February, 1894. Between that date and the 2nd day of October, 1895, several payments were…
2Cases cited22 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Winchell v. . HicksNew York Court of Appeals · 1859
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Hart v. EyckNew York Court of Chancery · 1816
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3Cited by41 opinions
- Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
- Roth v. MichelsonNew York Court of Appeals · 1982
- Riordan v. FergusonCourt of Appeals for the Second Circuit · 1945
- In Re PovillCourt of Appeals for the Second Circuit · 1939
- Pessemier v. ZellerSupreme Court of Kansas · 1936
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