Consolidation National Bank v. Kirkland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Consolidation National Bank, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 23d day of January, 1904, upon the decision of the court, rendered after a trial at the Broome Trial Term (the jury having been discharged), dismissing the complaint upon the merits.
1Opinion of the Court
Chester, J.:
The finding that the note sued upon was fraudulent in its inception is sustained by sufficient evidence. That being so, the burden was upon the plaintiff, to whom it was transferred by Wilson, the payee, to show, before it could recover against the defendant, that it was a bona fide holder for value. (Neg. Inst. Law [Laws of 1897, chap. 612], § 98; Vosburgh v. Diefendorf 119 N. Y. 357; Grant v. Walsh, 145 id. 502; Mitchell v. Baldwin, 88 App. Div. 265.)
We do not think the plaintiff sustained this burden in this case. It does not appear that the plaintiff paid anything to Wilson at…
2Cases cited5 opinions
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Albany County Bank v. People's Co-operative Ice Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Mitchell v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
- Spring Brook Chemical Co. v. DunnAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Ironbound Trust Co. v. Schmidt-Dauber Co.Appellate Terms of the Supreme Court of New York · 1918