The First National Bank v. . Green
New York Court of Appeals
This is an appeal from an order of the General Term, in the sixth judicial district, denying a new trial, also from a ¡judgment for the plaintiff, entered on then1 direction upon a verdict. This action was brought to recover the amount of a promissory note made by the defendant and indorsed by the payee and W. H. Shankland, for whom it was discounted by the plaintiff; the amount being placed to his (Shankland’s) credit.
Read the full summary
This is an appeal from an order of the General Term, in the sixth judicial district, denying a new trial, also from a ¡judgment for the plaintiff, entered on then1 direction upon a verdict. This action was brought to recover the amount of a promissory note made by the defendant and indorsed by the payee and W. H. Shankland, for whom it was discounted by the plaintiff; the amount being placed to his (Shankland’s) credit. It was proved on the part of the defendant that Shanlcland’s deposit, from the time of the discount until the note became due, always exceeded the amount of the discount.…
1Opinion of the CourtRapallo, J.
The evidence offered by the defendant to sustain the defence, that the note in suit was obtained by duress, was erroneously excluded, unless, upon the evidence as it stood when the ruling was made, it was established, by clear and uncontroverted proof, that the plaintiff was a bona fide holder of the note for value.
The ground taken at General Term, that the burden of proof was on the defendant, not only to show the defence of duress, but also to impeach the title of the plaintiff as a bona fide holder for value, cannot be sustained.
If the defendant had been permitted to prove, and had proved,…
2Cases cited3 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
- McClintick v. CumminsU.S. Circuit Court for the District of Indiana · 1840
3Cited by40 opinions
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
- American Exchange National Bank v. New York Belting & Packing Co.New York Court of Appeals · 1896
- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Smith v. . WestonNew York Court of Appeals · 1899
35 more not listed; retrieve them via the Exa API.