Eaton v. Alger
New York Court of Appeals
The action was on a promissory note made by the defendant, John P. Alger, indorsed by the defendant Wilks S. Alger, and payable to Ira M. Clark or bearer.
1Opinion of the CourtWright, J.
The plaintiff’s intestate was nonsuited on the ground that his own evidence established that he was not the owner of the note, and, also, that the note was void for usury. The Supreme Court, at General Term, only considered the question of title to the note and the exceptions to the rejection of evidence on that point, and, arriving at the conclusion that the nonsuit was sustainable on the ground that the plaintiff had affirmatively shown title out of himself omitted, considering the further question whether he had, also, as was held at the circuit, shown that the note was usurious.
*42I think…
2Cited by7 opinions
- Eaton v. . AlgerNew York Court of Appeals · 1872
- London Realty Co. v. . RiordanNew York Court of Appeals · 1913
- Acheson v. ChaseSupreme Court of Minnesota · 1881
- Moore v. LindsayNew York Supreme Court · 1908
- Carpenter v. CummingsCity of New York Municipal Court · 1896
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