Legal Opinion

Third National Bank v. Bowman-Spring

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

Decided March 15, 1900PublishedCited by 8 opinions

Appeal by the plaintiff, The Third National Bank of Buffalo, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 12th day of July, 1899, upon the decision of the court rendered after a trial at the Erie Trial Term, the jury having been discharged at the close of the evidence.

1Opinion of the Court

Williams, J.:

The action was brought upon a written instrument, of which the following is a copy :

“ $250. Buffalo, N. Y., 5-29, 1896..“ On or before one year after date I promise to pay to the order of Luxton & Black Two hundred and fifty dollars, payable at 418 Main Street. Value received with interest.
“ The makers and endorsers severally waive presentment for payment, protest and notice of protest, and non-payment of this note. The piano described herein, for which this note is given, shall remain the property of Luxton & Black until this note is fully paid, and in no event shall the title…

2Cases cited3 opinions

  1. Hodges v. . ShulerNew York Court of Appeals · 1860
  2. Heermans v. . EllsworthNew York Court of Appeals · 1876
  3. Arnold v. Rock River Valley Union RailroadThe Superior Court of New York City · 1856

3Cited by8 opinions

  1. Merchants National Bank of St. Paul v. Santa Maria Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Farrow v. State Mutual Life InsuranceCourt of Appeals of Georgia · 1918
  3. Ex parte BledsoeSupreme Court of Alabama · 1913
  4. Fleming v. SherwoodNorth Dakota Supreme Court · 1912
  5. Equitable Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1911

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