Legal Opinion

Robertson v. Ongley Electric Co.

New York Court of Appeals

Decided April 23, 1895PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. This action is not prematurely brought. (Herrman v. M. Ins.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. This action is not prematurely brought. (Herrman v. M. Ins. Co., 81 N. Y. 188; Westcott v. Thompson, 18 id. 145 ; Ward v. Whitney, 8 id. 446 ; Savage v. H. Ins. Co., 52 id. 502 ; Rohrbach v. G. Ins. Co., 62 id. 63 ;…

1Opinion of the CourtO’Brien, J.

The only question involved in this appeal is whether the note upon which the action was brought was due, and this depends upon the construction which should be given to the instrument which accompanied it.

The action was upon a promissory note made by the defendant of §22,783.33, dated New York, Nov. 1, 1892, payable two years after date to the plaintiff’s order in the city of New York, with interest at five jier cent. The action was commenced on April 4,1893, about five months after it was made. The defendant is a New Jersey corporation, with its principal office and place of business in that…

2Cases cited3 opinions

  1. Russell v. . AllertonNew York Court of Appeals · 1888
  2. Coyne v. . WeaverNew York Court of Appeals · 1881
  3. Van Hagen v. Van RensselaerNew York Supreme Court · 1820

3Cited by28 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
  3. William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
  4. Inman v. Binghamton Housing AuthorityNew York Court of Appeals · 1957
  5. First National Bank & Trust Co. v. New York Title InsuranceNew York Supreme Court · 1939

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