Legal Opinion

Buck v. Kelly

New York County Courts

Decided August 15, 1919PublishedCited by 2 opinions

Appeal by the defendant from a judgment of the Municipal Court of the city of Syracuse in favor of the plaintiff, rendered on the 7th day of March, 1919, for the sum of $199.67 damages and costs.

1Opinion of the CourtCobb, J.

The plaintiff alleged the drawing of a bill of exchange by one David Cleary whereby he directed the payment by defendant to C. H. Merrick of the sum of $315.27. The complaint also alleged the acceptance of such bill by defendant in writing and the assignment thereof by said C. H. Merrick to plaintiff, who brings this action as owner and holder thereof.

There was proof of the drawing and acceptance of the bill as alleged, but not of the assignment by the payee thereof to plaintiff; the evidence in that regard showing that C. H. Merrick was the owner of the bill *410at the time of his death in 1915;…

2Cases cited6 opinions

  1. Blood v. . KaneNew York Court of Appeals · 1892
  2. In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
  3. Onondaga Trust Deposit Co. v. . PriceNew York Court of Appeals · 1882
  4. Huyler v. DolsonAppellate Division of the Supreme Court of the State of New York · 1905
  5. Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1902

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3Cited by2 opinions

  1. In re the Estate CrokerNew York Surrogate's Court · 1931
  2. In re the Estate of RiegelNew York Surrogate's Court · 1937

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