Elwell v. Dodge
New York Supreme Court
THIS action wag upon the promissory note of the defendants, dated March 18th, 1856, for $1671.81, payable twelve months after date to the “Globe Mutual Insurance Company or order.” The complaint was in the usual form, averring that “said note was duly indorsed and transferred by said company according to law,” and that the same, before its maturity and for a valuable consideration, became and then was the property of the plaintiffs.
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THIS action wag upon the promissory note of the defendants, dated March 18th, 1856, for $1671.81, payable twelve months after date to the “Globe Mutual Insurance Company or order.” The complaint was in the usual form, averring that “said note was duly indorsed and transferred by said company according to law,” and that the same, before its maturity and for a valuable consideration, became and then was the property of the plaintiffs. The defendants in their answer denied the transfer, indorsement and ownership as alleged in the complaint. The answer then proceeds: “ Second. And for a further…
1Opinion of the Court
By the Court,
Allen, J.
The cause is properly before us for review upon the appeal from the judgment. The plaintiffs disregarded the order of the judge at the circuit giving the defendants leave to make a case and directing the motion for a new trial thereon to be heard in the first instance at the general term, and perfected their judgment. If this was irregular it was merely an irregularity, and all objection to it was waived by the defendants by their appeal, and the case is before us as if no order had been made at the circuit, other than the usual order for judgment.
The principal point…
2Cases cited2 opinions
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mechanics & Traders' Bank v. Farmers & Mechanics' National BankNew York Court of Appeals · 1875
3Cited by18 opinions
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Falk v. MoebsSupreme Court of the United States · 1888
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Nelson v. . EatonNew York Court of Appeals · 1863
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