Legal Opinion

McPhail v. Ridout

New York Supreme Court

Decided December 27, 1894PublishedCited by 4 opinions

Appeal from special term, Monroe county. Action by Percy P. McPhail against Leander Ridout and others. From an order denying a motion for a change of the place of trial from the county of Monroe to the county of Cattaraugus for the convenience of witnesses, defendants appeal.

1Opinion of the CourtLewis, J.

This action was brought upon two promissory notes made by the defendants, payable to the order of E. Bennett & Son. It was alleged in the complaint that the notes were transferred by the payees before maturity to one John P. Johnson, a banker at Highland, Kan., for a valuable consideration and without notice, and by Johnson transferred to the plaintiff for value. The place of trial was laid in the county of Monroe. The answer of the defendants denied the execution and delivery of the notes, and alleged that they were without consideration, and were obtained from them by fraud and…

2Cited by4 opinions

  1. Gainer v. DonnerNew York Supreme Court · 1931
  2. Jacina v. LemmiAppellate Division of the Supreme Court of the State of New York · 1913
  3. Rheinstrom v. WeirAppellate Division of the Supreme Court of the State of New York · 1896
  4. White v. HallAppellate Division of the Supreme Court of the State of New York · 1896

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