Flour City Nat. Bank of Rochester v. Grover
New York Supreme Court
Appeal from circuit court, Monroe county. Action by the Flour City National Bank of Rochester against Ernest D. Grover and others. From a judgment entered on a verdict in favor of plaintiff, defendants Ernest D. Grover, Albert B. Grover, and Rose E. Grover appeal.
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Appeal from circuit court, Monroe county. Action by the Flour City National Bank of Rochester against Ernest D. Grover and others. From a judgment entered on a verdict in favor of plaintiff, defendants Ernest D. Grover, Albert B. Grover, and Rose E. Grover appeal. The action was brought upon three promissory notes, of date January 20, 1893, made by the defendant Ernest D. Grover, for $063.04 each, payable to the order of the defendant Albert B. Grover, at the Flour City National Bank, on or before April 24, 1893. They were indorsed by the payee, by the defendant Rose E. Grover, and by the…
1Opinion of the CourtBradley, J.
Upon the production by the plaintiff of the notes at the trial, the presumption was that the plaintiff became the owner of them by due course, before maturity, and that it was a bona fide holder of the notes, for value. But, if it had appeared that they were obtained by Cushman from Grover by fraud, the burden would have been shifted to the plaintiff to prove that it was a holder of the notes in good faith, and for a valuable consideration. Case v. Banking Ass’n, 4 N. Y. 166; Bank v. Green, 43 N. Y. 298; Vosburgh v. Diefendorf, 119 N. Y. 357, 23 N. E. 801. No fraud is alleged in the…
2Cases cited7 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Packet Co. v. CloughSupreme Court of the United States · 1874
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- The First National Bank v. . GreenNew York Court of Appeals · 1871
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