Conselyea v. . Swift
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court, in the second judicial department, entered upon an order made February 9, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Defendant had the affirmative of the issue, and the denial of his right to open and close the case was error.
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Appeal from judgment of the General Term of the Supreme-Court, in the second judicial department, entered upon an order made February 9, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Defendant had the affirmative of the issue, and the denial of his right to open and close the case was error. (Elwell v. Chamberlain, 31 N. Y. 611; Miller v. Thorn, 56 id. 402; Linsey v. European Pet. Co., 3 Lans. 176; Murray v. N. Y. L. 1. Co., 85 N. Y. 386; Conklin v. Conklin, 20 Hun, 278; Opper v.…
1Opinion of the CourtDanforth, J.
The complaint contains seven causes of action. As to the first six no question arises. The- seventh makes out a perfect case upon a promissory note against the defendant as indorser, and the answer denies none of the plaintiffs’ allegations, but sets up affirmatively that the defendant was an accommodation indorser and that the note was in fact paid out of moneys in the hands of the plaintiffs’ testator, applicable thereto. The defendant adds, upon information and belief, “ that the said plaintiffs are not the lawful owners and holders of said note, and that he is not indebted to them…
2Cases cited1 opinion
- Fleischmann v. . SternNew York Court of Appeals · 1882
3Cited by19 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Willis v. HolmesOregon Supreme Court · 1895
- Murphy v. PanterOregon Supreme Court · 1912
- In re Gedney's WildNew York Surrogate's Court · 1913
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