Newcombe v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William I. Fox, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of May, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the New York Circuit.
1Opinion of the Court
Rumsey, J.:
The action is upon a promissory note, and the sole defense was payment.
The question presented on the merits of this appeal is only whether it was error to order a verdict for the plaintiff.
The note was dated November 1, 1886, payable on demand to Newcombe & Cardozo, and was produced by plaintiff. When that was done there arose a presumption that she was the owner of it. (Stephens v. McNeill, 26 Barb. 657.) It appears that suit was brought on the note on the 81st day of October, 1892, just before it would have been barred by the Statute of Limitations, and it is insisted that this…
2Cases cited1 opinion
- Rochester v. BarnesNew York Supreme Court · 1858
3Cited by11 opinions
- Atlantic Trust Co. v. Crystal Water Co. of EdgewaterAppellate Division of the Supreme Court of the State of New York · 1902
- National Bank of Bay Ridge v. AlbersAppellate Division of the Supreme Court of the State of New York · 1935
- Atlantic Trust Co. v. Crystal Water Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Corporation Holding Co. v. WieberAppellate Division of the Supreme Court of the State of New York · 1930
- Brown v. Janes, New York County Courts1911
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