Wright v. Toomey
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Daniel F. Toomey and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, the verdict of .a jury having been rendered by direction of the court in favor of the plaintiffs against the said defendants, after a trial at the Chautauqua Trial Term in May, 1909.
1Opinion of the Court
Spring, J.:
In June, 1904, the plaintiffs were copartners, in business under the name of the Lake Shore Seed Company. On the fourth day of that month they accepted the note in suit made by the defendant Toomey, as maker, and the defendant Wirtner as indorser. The note was dated May 12,1904, given for $5,500, payable on demand, with use, to the order of the defendant Wirtner. It was expected that the note would be negotiated at the Fredonia Rational Bank, *402■where it was made payable and in whose custody it remained until delivered over to the'plaintiffs by the defendant Toomey..
The defendants…
2Cases cited4 opinions
- Tribble v. AndersonSupreme Court of Georgia · 1879
- Wilson v. Township BoardMichigan Supreme Court · 1891
- Hawley v. KountzeAppellate Division of the Supreme Court of the State of New York · 1896
- Rosenbluth v. DunnSupreme Court of Connecticut · 1874
3Cited by6 opinions
- Leumi Financial Corp. v. RichterNew York Court of Appeals · 1966
- Gelb v. Zimet Bros.New York Supreme Court · 1962
- Brumley v. RobinsonNew York Supreme Court · 1923
- In re the Accounting of MillerNew York Surrogate's Court · 1956
- Intercontinental Credit Corp. v. PollakNew York Supreme Court · 1957
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