Warren v. . Haight
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered on the. decision of the court upon a trial without a jury. The action was brought upon a promissory note. The answer, among others, contained the following count or defence: “ IV.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered on the. decision of the court upon a trial without a jury. The action was brought upon a promissory note. The answer, among others, contained the following count or defence: “ IV. The defendants, in further answering, aver, on information and belief, that Elizabeth S. Bewton was the owner and holder of United States bonds and other property to the amount, in value, of $14,000; that said bonds and property were stolen and converted into money, which…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] We must assume, in the consideration of the question presented by the appeal to this court, that the matters alleged in the fourth count or division (as it was termed on the trial) of the defendants' answer are true, and if they would have been available as a defence to an action on the note by William E. Warner, the payee named therein and to whom it was delivered, had he continued to be the owner and holder thereof, it may be conceded that they were admissible…
2Cited by4 opinions
- Walker v. ConantMichigan Supreme Court · 1888
- Dinnebell v. RingerAppellate Terms of the Supreme Court of New York · 1917
- Davis v. Watson Bros. Plumbing, Inc.Court of Appeals of Texas · 1981
- Zeis v. PotterCourt of Appeals for the Seventh Circuit · 1901