Saxton v. Dodge
New York Supreme Court
APPEAL by the defendants, from an order made at a special term, directing judgment for the plaintiff upon demurrer to the second, third and fourth counts or defenses of the answer of the defendants, upon the ground of insufficiency, in not stating facts sufficient to constitute a defense.
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APPEAL by the defendants, from an order made at a special term, directing judgment for the plaintiff upon demurrer to the second, third and fourth counts or defenses of the answer of the defendants, upon the ground of insufficiency, in not stating facts sufficient to constitute a defense. The complaint alleged that the defendants being copartners,0 doing business in the city of Auburn, under the name, style or firm of “Dodge, Stevenson & Co.,” by their said firm name, on or about the 11th day of December, 1865, made, executed and delivered to Ball, Raff & Saxton, their certain promissory note…
1Opinion of the Court
’ By the Court, Johnson, J.
I am clearly of the opinion that the learned judge at special term was in error in sustaining the demurrer to the second defense set up in the answer. The note on which the action is brought is payable to the order of “ Ball, Baff & Saxton.”
The complaint alleges that the payees duly “ indorsed, assigned and transferred” the same to the plaintiff. This is not denied by the second answer, and must be taken to *111he admitted, so far as is necessary to constitute the plaintiff the sole and exclusive owner and holder of the note for value. The answer in question, in…
2Cases cited4 opinions
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
- Cross v. HuntlyNew York Supreme Court · 1835
- Snow & Bush v. JudsonNew York Supreme Court · 1862
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- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Marston v. . SwettNew York Court of Appeals · 1876
- Shoemaker v. South Bend Spark Arrester Co.Indiana Supreme Court · 1893
- Rice v. GarnhartWisconsin Supreme Court · 1874
- Wittemann Bros. v. Wittemann Co.New York Supreme Court · 1914
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