Stokes v. . Stokes
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of the city of New York, entered March 16, 1895, overruling defendant’s exceptions, directed to be heard in the first instance at General Term, and ordering judgment in favor of the plaintiff upon the verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the General Term of the late Superior Court of the city of New York, entered March 16, 1895, overruling defendant’s exceptions, directed to be heard in the first instance at General Term, and ordering judgment in favor of the plaintiff upon the verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinions. If the plaintiff was entitled to hold the bonds only as security for the payment of the notes in suit, the counterclaim was established and the court erred in directing a verdict for the plaintiff. (Halpin v.…
1Opinion of the Court
This action was brought to recover the amount of four promissory notes, made by the defendant and payable to the order of the plaintiff. The answer herein admitted the making of the notes set forth in the complaint, and that they were due and unpaid. It then alleged, for a first defense, that, on November 15th, 1892, the defendant duly tendered to the plaintiff the sum of $37,500, the amount of the promissory notes, with interest and costs, upon condition that the plaintiff should surrender to the defendant certain securities deposited with him by the defendant as collateral to the notes;…
2Cases cited6 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Stokes v. . StokesNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Junius Construction Corp. v. CohenNew York Court of Appeals · 1931
- Crane v. . BennettNew York Court of Appeals · 1904
- Riggins v. TrickeyCourt of Appeals of Texas · 1907
36 more not listed; retrieve them via the Exa API.