The Park Bank v. . Watson
New York Court of Appeals
Two actions. Appeal from a judgment of the General Term of the Supreme Court in the first district, affirming a judgment for the plaintiff entered on a verdict directed by the court. These actions were brought to recover the amount of three promissory notes made by the defendant, payable to the order of Wilson, Midgley and Jennings, and by them indorsed and delivered to the plaintiff before they matured.
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Two actions. Appeal from a judgment of the General Term of the Supreme Court in the first district, affirming a judgment for the plaintiff entered on a verdict directed by the court. These actions were brought to recover the amount of three promissory notes made by the defendant, payable to the order of Wilson, Midgley and Jennings, and by them indorsed and delivered to the plaintiff before they matured. They were made without any consideration, at the. request and for the accommodation of the payees, and were lent to them on an agreement that they were to be used in getting a loan of §5,000…
1Opinion of the CourtLott, J.
The plaintiff was, upon the preceding statement of facts, entitled to judgment. Assuming (but not conceding) that there was an unlawful or fraudulent diversion of the notes from the special purpose for which they were made or lent, it does not show that the plaintiff had any knowledge or notice of that fact, nor does it appear that a claim to that effect, or any objection to a recovery on that ground, was made on the trial.
After the court had said that there was no defence, stating that the plaintiff had given up collaterals, the question of the defendant’s counsel, by way of inquiry and…
2Cases cited1 opinion
- Brown v. . LeavittNew York Court of Appeals · 1865
3Cited by17 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Voss v. ChamberlainSupreme Court of Iowa · 1908
- Huff v. WagnerNew York Supreme Court · 1872
- Paddon v. . TaylorNew York Court of Appeals · 1871
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