Lyon v. Whittaker
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by Elizabeth Lyon against Mina Whittaker for the alleged conversion of certain promissory notes. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The action was trover for the alleged conversion of four promissory notes. The answer was a general denial only. All questions relating to two of the notes are eliminated from the case for the purposes of this review, since the verdict of the jury sustained the defense as to those two notes, and was rendered in favor of the plaintiff only for the amount of the other two. The two notes last mentioned were made by W. and C. Thirlman, und ran to the defendant, Mina Whittaker, or bearer. The theory of the plaintiff’s case was that these notes were taken by one Jonathan Milks, the brother of the…
2Cited by3 opinions
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1899
- Gratwick v. SmithAppellate Division of the Supreme Court of the State of New York · 1922
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1899