Wallabout Bank v. Peyton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert J. Peyton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county -of Kings on the 2d day of February, 1907, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office nunc fro tunc as of the 30th day of January, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is upon this promissory note:
“ $790 . New Yoke, Feby. 1st, 1904.
“ Five months after date <E promise to pay to the- order- of Theodore F. Lake Seven-Hundred and Ninety and no/100 Dollars at Mercantile Nat. Bank,- N. Y. City. Yalue received.
“No....... Due...... A. J..PEYTON.”
The note was discounted for the payee by the plaintiff on May 9, 1904. Each party moved for a direction of a verdict, and the plaintiff was- successful. Beyond dénial the defense was that the note was delivered to the payee in payment of a premium on a life' insurance policy solicited by Lake who was a…
2Cases cited7 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Vosburgh v. ThayerNew York Supreme Court · 1815
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Citizens' State Bank v. . CowlesNew York Court of Appeals · 1905
- Ocean Nat. Bank of N.Y. City v. . CarllNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ashley & Rumelin v. BradyIdaho Supreme Court · 1925
- McGee v. Felter, New York County Courts1912
- Geneva National Bank v. FoxNew York Supreme Court · 1921