Comstock v. . Hier
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. The complaint in.this action alleged in substance, and the referee found, that on the 25th day of March, 1872, plaintiff indorsed the promissory note of the firm of Jaycox & Green, made payable to his order for the accommodation of the makers, and under the agreement that the same should be used only for the purpose of taking up and retiring a former note so indorsed; that the makers, instead of using the' note as…
1Opinion of the CourtAllen, J.
Upon the undisputed facts proved upon the trial, and found by the referee, there could have been no recovery by defendants as indorsees of the note of Jay cox & Green, against the present plaintiff, upon his indorsement. His defense would have been perfect upon proof of the facts clearly established in the present action, that he indorsed the note for the accommodation of the makers, for a special purpose, to wit, to enable the latter to take up other notes to which the plaintiff was a party, and that the note with the indorsement was fraudulently diverted from the purpose for which it was…
2Cases cited5 opinions
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Small v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Covell v. President, Directors & Co. of the Tradesman's BankNew York Court of Chancery · 1828
- Buck v. KentSupreme Court of Vermont · 1830
3Cited by58 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Goshen National Bank v. StateNew York Court of Appeals · 1894
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
- Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
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