Hunter v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac N. E. Alien, from that portion of a judgment of the Supreme Court which was entered in the office of the clerk of the county of New York on the 3d day of June, 1904, upon the verdict of a jury rendered by direction of the court in favor of the plaintiff and against the said defendant Allen, after a trial at the New York Trial Term.
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Appeal by the defendant, Isaac N. E. Alien, from that portion of a judgment of the Supreme Court which was entered in the office of the clerk of the county of New York on the 3d day of June, 1904, upon the verdict of a jury rendered by direction of the court in favor of the plaintiff and against the said defendant Allen, after a trial at the New York Trial Term. Also an appeal by the plaintiff, Wilson R. Hunter, from that part . of said judgment which was entered in favor of the defendant Alexander S. Bacon, upon the dismissal of the complaint as to said defendant, by direction of the court.
1Opinion of the Court
O’Brien, P. J.:
This action is brought upon two: promissory notes made by the firm of I. N. E. Allen & Co., composed of the defendants, to the order of the North.State Lumber Company, indorsed by the latter, discounted for its benefit before maturity by the First National Bank of Durham, N. C., and after maturity transferred by the bank to the plaintiff.
At the close of the trial the court dismissed the complaint as to the-defendant Bacon, and directed a verdict against the defendant Allen for the balance shown to be due upon the notes. From the judgment two ajipeáls are taken; the first by…
2Cases cited6 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Smith v. . WestonNew York Court of Appeals · 1899
- Brown v. PowersAppellate Division of the Supreme Court of the State of New York · 1900
- St. James Company v. . Security Trust and Life Ins. Co.New York Court of Appeals · 1904
- Smith v. WestonNew York Supreme Court · 1895
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3Cited by3 opinions
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1908
- Osborne v. HughesAppellate Division of the Supreme Court of the State of New York · 1908
- Chambers v. AllenAppellate Division of the Supreme Court of the State of New York · 1905