Herrick v. . Woolverton
New York Court of Appeals
Appeal from an order of the General Term, third district, granting anew trial on a verdict rendered at the circuit in favor of the defendant.
Read the full summary
Appeal from an order of the General Term, third district, granting anew trial on a verdict rendered at the circuit in favor of the defendant. The action was brought on a promissory note made by the defendant, on the 9th day of February, 1861, for $1,500 on demand, with interest, to the order of H. D. Hawkins, and immediately on the same day indorsed by him, and delivered to Jonathan E. Herrick, who was the original holder or indorsee; who continued to hold it until the 28th of April, or 1st of May, 1861, when he transferred it to his brother, Delaus W. Herrick, the plaintiff. The note was…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The jury having found that the transaction between the defendant, who was the maker of the note, and Jonathan R. Herrick, who was the real payee or first holder, was a mere loan of the bank stock from the latter to the former, and that the note was made as a memorandum by way of security for the return of the stock, and for no other purpose, they virtually found that the paper, though in form a promissory note, was never intended as such between them; that it…
2Cases cited8 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Merritt v. . ToddNew York Court of Appeals · 1861
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Furman v. HaskinNew York Supreme Court · 1805
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Mills v. . DavisNew York Court of Appeals · 1889
- Fealey v. . BullNew York Court of Appeals · 1900
- Commercial National Bank v. ZimmermanNew York Court of Appeals · 1906
34 more not listed; retrieve them via the Exa API.