Legal Opinion

Byrne v. Hegeman

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 2 opinions

Appeal by the defendants, Adrian T. Hegeman and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of September, 1897, overruling the answers of the defendants as frivolous.

1Opinion of the Court

O’Brien, J.:

The complaint alleges, first, that the defendant “Adrian T. Hegeman made his promissory note * * * whereby he promised to pay to the order of the defendant Robert T. Mitchell * * * and deliver the same for value; ” second, that thereafter, and before maturity, the defendant Robert T. Mitchell indorsed and transferred the said note to the plaintiff for value; third, that the said note was duly presented for payment at the time and place *153named therein, and payment was refused, whereupon said note was duly protested for non-payment; of all which due notice was given to the defendant…

2Cases cited3 opinions

  1. Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
  2. Queen City Bank v. HudsonAppellate Division of the Supreme Court of the State of New York · 1896
  3. Richter a. McMurrayNew York Court of Common Pleas · 1862

3Cited by2 opinions

  1. Curran v. ArpAppellate Division of the Supreme Court of the State of New York · 1910
  2. Hill v. WarnerAppellate Division of the Supreme Court of the State of New York · 1899

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