Legal Opinion

McNeill v. Shellito

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1919PublishedCited by 6 opinions

Appeal by the plaintiff, Robert H. McNeill, as administrator,- from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of June, 1918, dismissing the complaint on the merits upon the decision of the court after a trial before the court, a jury having been waived.

1Opinion of the Court

Page, J.:

The action was brought by the administrator of Isaac H. Radford to recover on a promissory note dated December 17, *8591909, signed by the defendant, whereby he promised to pay said Radford, three months after date, $3,000 at his office in Buffalo, N. Y., for value received, with interest. The complaint alleges the death of Radford, the appointment of various administrators of his estate in succession, and that the plaintiff by virtue of his appointment is now the owner and holder in due course of said note. Due presentation and demand of payment and failure to pay are also alleged.

Th…

2Cases cited1 opinion

  1. Rice v. . GrangeNew York Court of Appeals · 1892

3Cited by6 opinions

  1. Hall v. Bank of BlasdellNew York Court of Appeals · 1954
  2. Corporation Holding Co. v. WieberAppellate Division of the Supreme Court of the State of New York · 1930
  3. Young v. AlexanderCourt of Appeals for the Eighth Circuit · 1928
  4. Doniger v. LasoffAppellate Terms of the Supreme Court of New York · 1925
  5. Kots v. SachsCity of New York Municipal Court · 1945

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