Legal Opinion

Huff v. Wagner

New York Supreme Court

Decided June 4, 1872PublishedCited by 21 opinions

APPEAL from an order setting aside a verdict rendered for the plaintiff at the Orleans county circuit, and ordering a new trial. i The following opinion was delivered at the special term, ' by the justice before whom the motion was made, upon exceptions taken at the trial; Daniels, J. This action is on a promissory note, made by the defendant, on the 12th of July, 1869, by which he promised to pay to Phineas Strong, or bearer, the sum of $500, with interest, in three months…

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APPEAL from an order setting aside a verdict rendered for the plaintiff at the Orleans county circuit, and ordering a new trial. i The following opinion was delivered at the special term, ' by the justice before whom the motion was made, upon exceptions taken at the trial; Daniels, J. This action is on a promissory note, made by the defendant, on the 12th of July, 1869, by which he promised to pay to Phineas Strong, or bearer, the sum of $500, with interest, in three months after the date thereof. This note, the evidence showed, was procured from the defendant by a man named Ferguson, and…

1Opinion of the CourtTalcott, J.

This is an action on a promissory note made by the defendant and delivered to one Ferguson. The defendant claimed that the note was obtained from him by Ferguson, by means of false and fraudulent representations made on the sale of a patent right, and the case states that “the defendant gave evidence showing that Ferguson obtained the note from him by fraud.” The plaintiff claimed to be a bona fide holder of the note for *230value, and gave evidence tending to establish such fact. It appeared, by the plaintiff’s evidence, that the consideration he gave for this and another note purchased by him…

2Cases cited4 opinions

  1. Brown v. . LeavittNew York Court of Appeals · 1865
  2. Cardwell v. HicksNew York Supreme Court · 1862
  3. The Park Bank v. . WatsonNew York Court of Appeals · 1870
  4. Essex County Bank v. . RussellNew York Court of Appeals · 1864

3Cited by21 opinions

  1. Moore v. . RyderNew York Court of Appeals · 1875
  2. Green v. WilkieSupreme Court of Iowa · 1896
  3. Yellowstone National Bank v. GagnonMontana Supreme Court · 1897
  4. Cheney v. CampbellNebraska Supreme Court · 1889
  5. Gamble v. Rural Independent School Dist.U.S. Circuit Court for the District of Northern Iowa · 1904

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