Title Guarantee Trust Co. v. . Pam.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1920, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1920, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The findings of fact, namely: “ The notes in suit were given, not as- evidence of an indebtedness of a fixed amount, but were given with the distinct understanding that the amount was to be fixed after an investigation into the bona fides of the bills rendered and were subject to all the defenses and claims against the notes; ” “ the…
1Opinion of the CourtCardozo, J.
The action is upon two promissory notes, drawn by the defendant to the order of the Thompson-Starrett Company, and indorsed by the payee to the plaintiff, for value and before maturity. Both notes are dated November 1, 1912, and are payable a year thereafter. One of them is for $96,733.52 with interest at the rate of six per cent per annum; the other is for $3,094.63 with interest at the same rate. The court, sustaining a partial defense, gave judgment in favor of the plaintiff for $53,150.64, and no more. The plaintiff appealed.
In August, 1911, the Thompson-Starrett Company agreed to…
2Cases cited24 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Becker v. . KochNew York Court of Appeals · 1887
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
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3Cited by54 opinions
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- People v. ReedNew York Court of Appeals · 1976
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
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