Scranton v. . Clark
New York Court of Appeals
This is an appeal to tbis Court from an order of tbe Supreme Court, at General Term, reversing tbe judgment for tbe Defend-. ant, and ordering a new trial; tbe Defendant giving tbe usual stipulation on such appeal. The action was upon a promissory note made by Clark, tbe Defendant, for $2,673.31, dated October 16, 1855, payable one year after date, to the order of E. B. Litchfield.
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This is an appeal to tbis Court from an order of tbe Supreme Court, at General Term, reversing tbe judgment for tbe Defend-. ant, and ordering a new trial; tbe Defendant giving tbe usual stipulation on such appeal. The action was upon a promissory note made by Clark, tbe Defendant, for $2,673.31, dated October 16, 1855, payable one year after date, to the order of E. B. Litchfield. Elisha B. Litchfield transferred tbe note, before its maturity, to A. G. Jerome, endorsing it without recourse. A. G. Jerome sold and transferred tbe note to Edwin C. Litch-field, in December, 1857. And when be…
1Opinion of the CourtBacon, J.
If the charge of the learned Judge upon the trial had stopped at the first proposition enunciated by him, it is possible the verdict might be upheld, because it may, perhaps, be said, that there is some evidence from which the jury might possibly have found that Jerome was the owner of the note in 1858, when it is claimed that he sold it to Leland. The uncontradicted, and, indeed, overwhelming evidence is, that in December, 1857, the note in controversy was sold and delivered to Edwin C. Litchfield, who held it as owner from that time until August or September, 1860, when he sold and…
2Cases cited1 opinion
- Hopkins v. GrinnellNew York Supreme Court · 1858
3Cited by6 opinions
- Frank v. ForgotsonCity of New York Municipal Court · 1899
- McClure v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Atkins v. HosleyNew York Supreme Court · 1874
- Mills v. PorterNew York Supreme Court · 1874
- Spotless Co. v. Commercial Trust Co.Appellate Division of the Supreme Court of the State of New York · 1926
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