Phelps v. . Vischer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of defendant entered upon the report of a referee and ordering a new trial. The action was brought upon a promissory note made by Scndder & Redfield, dated May 15,1867, payable to the order of James E. Brown, and before delivery to Brown, indorsed by Solomon Bennet, defendant’s testator.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of defendant entered upon the report of a referee and ordering a new trial. The action was brought upon a promissory note made by Scndder & Redfield, dated May 15,1867, payable to the order of James E. Brown, and before delivery to Brown, indorsed by Solomon Bennet, defendant’s testator. Before the note fell due Brown transferred the note to • one Hiñe, and Hine transferred it to plaintiff absolutely, without condition, before due, for value paid at the time in money. At…
1Opinion of the Court
Gkoveb, J.;
The order of the General Term does not state that it was made upon any error of fact. It must, therefore, be assumed by this court that the judgment was reversed and a new trial granted upon legal errors only. An exception was taken by the respondent to the finding by the referee of the fact that the plaintiff had notice, before he purchased the note, that the indorsements made by Brown upon the note were made after it had passed into the hands of Brown with Bennet’s indorsement upon it. This exception raises the question in this court whether there was any evidence in support of…
2Cases cited5 opinions
- Moore v. . CrossNew York Court of Appeals · 1859
- Brown v. . CurtissNew York Court of Appeals · 1849
- Dean v. HallNew York Supreme Court · 1837
- Bacon v. . BurnhamNew York Court of Appeals · 1868
- Herrick v. CarmanNew York Supreme Court · 1813
3Cited by28 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Bennett v. . BuchanNew York Court of Appeals · 1879
- Mercantile Bank of Memphis v. BusbyTennessee Supreme Court · 1908
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