Schmidt v. Livingston
Appellate Terms of the Supreme Court of New York
Appeal by defendant Livingston from affirmance by the City Court, General Term, of a judgment in favor of the plaintiff.
1Opinion of the CourtMcAdam, J.
The action is to recover a balance due upon a promissory note for. $492- made by the defendant Livingston, December 21, 1893, to the order of David A.. McLeod & Son, and payable three months after date at the West Side Bank. The payees transferred the note to the plaintiff for value before maturity. ... ,
' The defense is that after the note became due McLeod & Son paid the plaintiff on account $250, and gave him a new note for the balance, and that said- new note was accepted in satisfaction of the balance due on the old one.
■ The infirmity in the defense is that the creditor did not…
2Cases cited19 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Cary v. . WhiteNew York Court of Appeals · 1873
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Noel v. . MurrayNew York Court of Appeals · 1855
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3Cited by5 opinions
- State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
- Holl v. LongNew York Supreme Court · 1901
- Stark v. Public National BankAppellate Terms of the Supreme Court of New York · 1924
- Blum v. SadofskyAppellate Terms of the Supreme Court of New York · 1904
- McLoughlin v. BieberAppellate Division of the Supreme Court of the State of New York · 1899