Hills v. . Place
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment entered in favor of the plaintiff on a verdict. The action was brought to recover the amount of a promissory note, made by the defendant, payable one month after date, at the Hanover Hational Bank of the city of Hew York, to the order of D. Bussel, and by him indorsed to the plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment entered in favor of the plaintiff on a verdict. The action was brought to recover the amount of a promissory note, made by the defendant, payable one month after date, at the Hanover Hational Bank of the city of Hew York, to the order of D. Bussel, and by him indorsed to the plaintiff. The judge, on the trial, after the testimony was closed, directed the jury-to find a verdict for the plaintiff for the amount of the note and interest, to which direction an excep-’ tion was taken by the…
1Opinion of the Court
Lott, Ch. C.
The evidence given on the trial, most favorably construed to the defendant, does not prove payment, or establish facts sufficient to bar a recovery for damages and costs, as well as the principal of the note.
It shows that the note was presented for payment on behalf of the plaintiff at the Hanover Rational Bank, where it was made payable, about eleven o’clock of the day it fell due, and that it was not then paid; that the defendant, on being notified of the fact by the cashier, immediately thereafter, between eleven and twelve o’clock, “ put funds in the bank and gave instructions…
2Cases cited2 opinions
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- Caldwell v. CassidyNew York Supreme Court · 1828
3Cited by43 opinions
- In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
- Cheney v. LibbySupreme Court of the United States · 1890
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
- Bartel v. BrownWisconsin Supreme Court · 1899
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