Carlson v. Winterson
New York Court of Common Pleas
Appeal from city court, general term. Action by Louise Carlson against Maria Louisa Winterson on a promissory note. A judgment entered on a verdict in favor of plaintiff was affirmed by the general term of the city court, (20 N. Y. Supp. 897,) and defendant appeals.
1Opinion of the CourtPryor, J.
Action by indorsee against maker of a note. Defenses. First, that the note is .a forgery; and, secondly, that, being ineffectual in the hands of the payee against the maker, it is not enforceable by the plaintiff, who received it in payment of an antecedent debt.
The issue as to the execution of the paper by the defendant was submitted to the jury upon conflicting evidence ample to authorize a finding either way, and we have no jurisdiction to review their determination. The verdict is conclusive of the authenticity of the note.
The other issue, as to the availability of the note in the hands…
2Cases cited4 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- United States National Bank v. EwingNew York Court of Appeals · 1892
- Leslie v. . BassettNew York Court of Appeals · 1892
3Cited by1 opinion
- Carlson v. WintersonNew York Court of Common Pleas · 1894