Klots Throwing Co. v. Manufacturers' Commercial Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by the Manufacturers’ Commercial Company against the Klots Throwing Company. Judgment for plaintiff, and defendant brings error. Writ of errofc to review a. judgment entered upon a verdict directed by the court in favor of the defendant in error who was the plaintiff below. In the following statement and opinion the parties are designated as in the Circuit Court. ......
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In Error to the Circuit Court of the United States for the Southern District of New York. Action by the Manufacturers’ Commercial Company against the Klots Throwing Company. Judgment for plaintiff, and defendant brings error. Writ of errofc to review a. judgment entered upon a verdict directed by the court in favor of the defendant in error who was the plaintiff below. In the following statement and opinion the parties are designated as in the Circuit Court. ...... The action was brought to recover upon a note† of which the following Is a copy: ’ “$3,166.00 ' ' . ■ New York, January 15th,…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The trial judge misapprehended our former opinion in this case. We did not hold that the note in question was a negotiable note. We merely held that whether it was negotiable or not its indorsement and assignment gave the plaintiff the right to recover thereon. If the note were negotiable the plaintiff would recover as indorsee; if nonnegotiable, as assignee. It was unnecessary to determine the question of negotiability. The case as now presented turns upon this question of negotiability. If the note were negotiable the trial court properly directed a…
2Cases cited5 opinions
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
- McComas v. HaasIndiana Supreme Court · 1886
- Dilley v. Van WieWisconsin Supreme Court · 1858
- Cushing v. FieldSupreme Judicial Court of Maine · 1879
- Bringham v. LeightyIndiana Supreme Court · 1878
3Cited by19 opinions
- King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
- Strand Amusement Co. v. FoxSupreme Court of Alabama · 1921
- Hubbard v. Robert B. Wallace Co.Supreme Court of Iowa · 1926
- Hight v. McCullochTennessee Supreme Court · 1923
- Slaughter v. Bank of BisbeeArizona Supreme Court · 1916
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