Baldwin v. . Doying
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 1, 1886, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 1, 1886, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. A promissory note to be the subject of sale must be an existing valid note in the hands of the payee, and given for some actual consideration, so that it can be enforced between the original parties; and if not valid in the hands of the payee, it cannot be rendered valid by a sale to a hona fide purchaser…
1Opinion of the CourtParker, J.
This action was brought to recover upon a promissory note for $1,650, dated August 7, 1883, made by one Willett Bronson to -the order of the defendant Ira E. Doying, and indorsed by him, and also indorsed by the defendant Thomas H. Beekman. The defense interposed by the defendants Doying and Beekman was usury. The referee to whom the case was referred to hear and determine reported in favor of the plaintiffs for the full amount claimed to be due. The findings of fact as made by the referee justified his refusal to find the conclusion of law, requested by the defendants, that the note was…
2Cases cited3 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Quincey v. . WhiteNew York Court of Appeals · 1875
3Cited by18 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Scruggs v. Scottish Mortgage Co.Supreme Court of Arkansas · 1891
- Franzen v. HammondWisconsin Supreme Court · 1908
- Brown v. JonesNew York Supreme Court · 1915
- Hopkins v. FlowerMassachusetts Supreme Judicial Court · 1926
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