Irvine v. New York Edison Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick ¡B. Irvine, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡New York on the 20th day of January, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 4tli day of February, 1910, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Frederick ¡B. Irvine, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡New York on the 20th day of January, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 4tli day of February, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Scott, J. (dissenting):
The plaintiff appeals from a judgment entered upon the dismissal of the complaint at Trial Term. The plaintiff’s evidence, which was not contradicted, shows that in January, 1898, plaintiff’s assignor, James Irvine, indorsed for the accommodation of a corporation known as the Block Lighting and Power Company No. 1, hereinafter called the Block Company, a promissory note of the New York Equipment Company. This note was not paid when due and suit was brought upon it against the maker and the indorsers, including said James Irvine, with the result that judgment was entered…
2Cases cited7 opinions
- Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876
- Cole v. Millerton Iron Co.New York Court of Appeals · 1892
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899
- Matter of Utica Nat. Brewing Co.New York Court of Appeals · 1897
- Fernschild v. D. G. Yuengling Brewing Co.New York Court of Appeals · 1898
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