Ludlow v. Woodward
Appellate Division of the Supreme Court of the State of New York
Appeal by the .defendant, Rignal D. Woodward, from -an inter- - locutory 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 9th day of October, 1906, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the plaintiff’s demurrer to the first defense in the amended answer.
1Opinion of the Court
Lambert, J.:
The defendant has, on two previous occasions, answered the plaintiff’s complaint, and the .plaintiff demurs to-this third effort to set up a defense to the cause of action- alleged in the c'omplaint. The action is brought on a promissory note made by the defendant to the order, of one McCuaig, which note-was indorsed to the Sovereign Bank of Canada for value before maturity. This much is conceded, and the bank thus became the owner in due course of business, and the note was unquestionably a valid obligation in the hands of the bank, regardless of equities between the maker and…
2Cases cited1 opinion
- Twelfth Ward Bank v. BrooksAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Smith v. ArmstrongCalifornia Court of Appeal · 1927
- United States Fidelity & Guaranty Co. v. WellsSupreme Court of Arkansas · 1969
- Ferber v. Third Street Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Gourley v. AdamsAppellate Division of the Supreme Court of the State of New York · 1934