Lennon v. . Grauer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The examination had on the answer relative to the similarity of the handwriting of defendant and the signature on the note was incompetent.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The examination had on the answer relative to the similarity of the handwriting of defendant and the signature on the note was incompetent. (McKay v. Lasher, 42 Hun, 270 ; 50 Hun, 383 ; 121 N. Y. 477 ; Mortimer v. Chambers, 27 Abb. [27. C.] 289.) The note never had any valid existence in law.…
1Opinion of the CourtGray, J.
The action was brought -against the maker, payee and indorsees of a promissory note; but the action was severed by order and proceeded to trial against the defendant Grauer alone. The complaint was in the usual form, alleging the making and indorsement of the note ; its delivery to plaintiff before maturity; its non-payment and protest. Defendant Graner’s answer put in issue the validity of the note; but did not deny his indorsement. Upon the trial, evidence was given by the plaintiff tending to prove Grauer’s signature upon the note and establishing that the plaintiff took the note before…
2Cases cited4 opinions
- White v. . Continental National BankNew York Court of Appeals · 1876
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
- Turnbull v. . BowyerNew York Court of Appeals · 1869
- Erwin v. . DownsNew York Court of Appeals · 1857
3Cited by6 opinions
- Kleinman v. Chase National BankAppellate Terms of the Supreme Court of New York · 1924
- Packard v. WindholzAppellate Division of the Supreme Court of the State of New York · 1903
- Horowitz v. WollowitzAppellate Terms of the Supreme Court of New York · 1908
- William Segar, Inc. v. 1967-1975 Ocean Avenue Realty Corp.New York Supreme Court · 1926
- Packard v. WindholzAppellate Division of the Supreme Court of the State of New York · 1903
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