West v. Banigan
Appellate Division of the Supreme Court of the State of New York
Appeal by’ the defendants, William P. Banigan and another,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the-5th day of June, 1899; upon the verdict of a jury, and also from an order entered in said clerk’s office on the loth day of June, .1899, denying the. defendants’ motion for a new trial made upon, the minutes.
1Opinion of the Court
Jenks, J.:
This action is upon promissory notes made by the defendant Banigan, indorsed by the defendant Brown and delivered to the plaintiff. The defendants admitted the making-and the delivery, and by- con*329cessions at the trial confined the defenses to failure of consideration and to the nature of the indorsements.
In 1894, this plaintiff was maintaining actions in Hew York and Hew Hampshire against Banigan, based upon five promissory notes aggregating $14,500. When the action in Hew York was on the eve of trial, plaintiff, Banigan and Brown, who was of counsel for Banigan, agreed to settle…
2Cases cited16 opinions
- Thomson v. . PoorNew York Court of Appeals · 1895
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Palmerton v. HuxfordNew York Supreme Court · 1847
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3Cited by1 opinion
- Abrams v. American Security & Trust Co.Court of Appeals for the D.C. Circuit · 1940