Legal Opinion

Schmidt v. Livingston

Appellate Terms of the Supreme Court of New York

Decided April 15, 1896PublishedCited by 5 opinions

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

  1. Jaffray v. . DavisNew York Court of Appeals · 1891
  2. Cary v. . WhiteNew York Court of Appeals · 1873
  3. Fleischmann v. . SternNew York Court of Appeals · 1882
  4. Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
  5. Noel v. . MurrayNew York Court of Appeals · 1855

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
  2. Holl v. LongNew York Supreme Court · 1901
  3. Stark v. Public National BankAppellate Terms of the Supreme Court of New York · 1924
  4. Blum v. SadofskyAppellate Terms of the Supreme Court of New York · 1904
  5. McLoughlin v. BieberAppellate Division of the Supreme Court of the State of New York · 1899

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