Carr v. . Rischer
New York Court of Appeals
Motion to dismiss appeal from order of the General Term of the Supreme Court in the first judicial department made Rovember 23, 1883, which reversed a judgment in favor of plaintiff entered upon a verdict. The facts so far as material are stated in the opinion. That the negotiable bonds in suit, regular on their face, were regularly issued, is presumed as a matter of law.
Read the full summary
Motion to dismiss appeal from order of the General Term of the Supreme Court in the first judicial department made Rovember 23, 1883, which reversed a judgment in favor of plaintiff entered upon a verdict. The facts so far as material are stated in the opinion. That the negotiable bonds in suit, regular on their face, were regularly issued, is presumed as a matter of law. The formalities necessary to give validity to the bonds prior to issuing them are presumed to have been duly complied with. (Lawson on Pres. Ev. 62; Jones v. G. Co., 101 U. S. 622; Ellsworth v. S. L. & T. H. R. R. Co., 33…
1Opinion of the CourtEarl, J.
This action was commenced in the fall of 1886, by John F. Carr against John C. Rischer. It was tried at a circuit in January, 1888, and a verdict was rendered for the plaintiff, upon which a judgment was entered in his favor February 1, 1888, for $25,399.75. Thereafter the defendant appealed from the judgment to the General Term where it was reversed and a new trial was granted, the formal order of reversal being entered December 6, 1888. On the next day, December seventh, the plaintiff died ; and thereafter the present plaintiff, as his executrix, made application to the court for an order…
2Cases cited2 opinions
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Stokes v. . StickneyNew York Court of Appeals · 1884
3Cited by31 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Killen v. BarnesWisconsin Supreme Court · 1900
- Van Ness v. . RansomNew York Court of Appeals · 1915
- Calkins v. Department of Labor & IndustriesWashington Supreme Court · 1941
26 more not listed; retrieve them via the Exa API.