First National Bank v. American Exchange National Bank
New York Court of Appeals
Appeal from a judgment, entered April 26, 1900, upon “an order of the Appellate Division of the Supreme Court in the first judicial department, granting plaintiff’s motion for judgment in its favor, upon a verdict directed by the court at a . Trial Term subject t.o the opinion of the Appellate Division. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered April 26, 1900, upon “an order of the Appellate Division of the Supreme Court in the first judicial department, granting plaintiff’s motion for judgment in its favor, upon a verdict directed by the court at a . Trial Term subject t.o the opinion of the Appellate Division. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to sustain the burden of proving the genuineness of the indorsement of the payee of the draft, and without such proof it could not recover. (Mead v. Young, 4 T. R. 28; Palm v. Watt, 7…
1Opinion of the CourtCullen, J.
The action is brought to recover the amount of a draft drawn by the First Hational Bank of Denver upon the defendant to the order of A. W. Hudson and accepted by the defendant. The plaintiff claims title to the draft through the indorsement of the alleged payee thereof. The circumstances attending the issue of the draft and its acquisition by the plaintiff are as follows: A stranger inquired at the office of a real estate broker in the city of Denver, whether a loan could be procured on certain real estate in that city, of which one Olive K. Hudson, who resided with her husband, A. W. Hudson,…
2Cases cited1 opinion
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
3Cited by22 opinions
- International Aircraft Trading Co. v. Manufacturers Trust Co.New York Court of Appeals · 1948
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
- Cohen v. Lincoln Savings BankNew York Court of Appeals · 1937
- Strang v. Westchester County National BankNew York Court of Appeals · 1923
- Halsey v. Bank of New York & Trust Co.New York Court of Appeals · 1936
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