Spies v. . National City Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 28, 1902, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The law of Yew York controls. Indorsement is an independent contract, governed by the law of the place where made or where it takes effect. (Dyke v. E. Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 28, 1902, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The law of Yew York controls. Indorsement is an independent contract, governed by the law of the place where made or where it takes effect. (Dyke v. E. Ry. Co., 45 N. Y. 113 ; Tilden v. Blair, 21 Wall. 241 ; 4 Am. & Eng. Ency. of Law [2d ed.], 477 ; Story on Confl. of Laws, § 314 ; Daniel on Neg.…
1Opinion of the Court
Parker, Ch. J.
The Appellate Division having unani- ‘ mously affirmed the judgment entered on the report of the referee, the legal effect thereof was to conclusively establish the. findings of fact made by the referee, which are as follows:
“ In and prior to April, 1893, Francis Spies, the plaintiff’s testator, was doing business in the City of New York in the name of Marcial and Co. At his request in April, 1893, at New Yol'k City, the defendant discounted for him a note for $4,786.62 made in New Orleans by B. M. Ong to the order of Marcial and Co., dated the 11th day of April, 1893, and…
2Cases cited9 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Morgan v. . SmithNew York Court of Appeals · 1877
- Brown v. WilliamsNew York Supreme Court · 1830
- Shutts v. . FingarNew York Court of Appeals · 1885
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3Cited by26 opinions
- United States v. Guaranty Trust Co. of New YorkSupreme Court of the United States · 1934
- Gholson v. SavinOhio Supreme Court · 1941
- Central Sav. Bank & Trust Co. v. Oilfield Supply & Scrap Material Co.Supreme Court of Louisiana · 1943
- Chemical National Bank v. KelloggNew York Court of Appeals · 1905
- Brill v. BrandtNew York Supreme Court · 1941
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