Legal Opinion

Bowery National Bank v. Wilson

New York Court of Appeals

Decided December 2, 1890PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme -Court in the first judicial department, entered upon an order made May 17, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. In 1885 Alexander V. Davidson was the sheriff of the city -and county of New York, his term expiring December thirty-first of that year.

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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 May 17, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. In 1885 Alexander V. Davidson was the sheriff of the city -and county of New York, his term expiring December thirty-first of that year. September 10, 1885, the plaintiff discounted for Davidson his promissory note for $4,500, which was indorsed by three accommodation indorsers. To secure the payment of this loan Davidson executed and delivered to…

1Opinion of the Court

Follett, Ch. J.

The finding that an oral assignment of the claim was made by Davidson to the bank on the 22d of January, 1886, is challenged by the appellants on the ground that there is no evidence tending to sustain it. The defendants requested the court to find the converse of this proposition, excepted to the finding made, and present a case which contains all of the evidence and so are in a situation to require a review, of the finding. After an examination of all of the evidence, we are convinced that no assigmnent, except the written one, was ever made of this claim, and that the most…

2Cases cited7 opinions

  1. Bliss v. . LawrenceNew York Court of Appeals · 1874
  2. Bangs v. DunnCalifornia Supreme Court · 1884
  3. Field v. ChipleyCourt of Appeals of Kentucky · 1881
  4. Beal v. McVickerMissouri Court of Appeals · 1879
  5. People ex rel. v. DaytonNew York Supreme Court · 1874

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3Cited by17 opinions

  1. Surace v. DannaNew York Court of Appeals · 1928
  2. National Bank v. FinkTexas Supreme Court · 1893
  3. Fischer v. Liberty Nat. Bank & Trust Co.Court of Appeals for the Second Circuit · 1932
  4. Oakeshott v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
  5. DiLallo v. Fidelity and Casualty Company of New YorkDistrict Court, S.D. New York · 1973

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