Hobart v. Verrault
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alphonse Verrault, as administrator, etc., of Zelie Verrault, otherwise known as Zelie Yerrault Howe, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 27th day of February, 1902, upon the decision of the court rendered after a tidal at the Hew York Trial Term, a jury having been waived.
1Opinion of the Court
Hatch, J.:
The complaint in the action, which was commenced June 4th, 1901, declares upon the instrument sued upon as a promissory note. ;So far, however, as the rights and liabilities of the parties are concerned it is immaterial whether the instrument in its present form be regarded as a promissory note or as an agreement for the payment of money. As the rights of third parties are not involved in. the controversy or affected by the judgment, the plaintiff may recover, assuming that the instrument can be enforced, even though it has lost the attributes of a promissory note, and become a…
2Cases cited5 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Strong v. . SheffieldNew York Court of Appeals · 1895
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898
- Rowe v. ThompsonNew York Court of Common Pleas · 1863
3Cited by5 opinions
- Quanchi v. Ben Lomond Wine Co.California Court of Appeal · 1911
- United States v. Curtiss Aeroplane Co.Court of Appeals for the Second Circuit · 1945
- In re the Final Settlement of the Accounts of SanfordNew York Surrogate's Court · 1916
- Pennsylvania Steel Co. v. SussweinAppellate Division of the Supreme Court of the State of New York · 1909
- United States v. Curtiss Aeroplane Co.Court of Appeals for the Second Circuit · 1945