Legal Opinion

People's National Bank v. Rice

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1912PublishedCited by 6 opinions

Appeal by the plaintiff, the People’s National Bank of Hackensack, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of December, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in -said clerk’s office on the 3d day of December, 1910, denying the plaintiff’s motion…

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Appeal by the plaintiff, the People’s National Bank of Hackensack, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of December, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in -said clerk’s office on the 3d day of December, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Scott, J.:

Plaintiff appeals from a judgment in favor of defendants entered upon a nonsuit.

The action is upon a promissory note made hy defendants to the order of Oliver Brothers’ Purchasing Company, by whom it was indorsed and transferred to plaintiff for value and as alleged before maturity. Upon the trial plaintiff produced the note and proved, that it had discounted it on October 10, 1907, paying full value therefor, and that the amount paid was credited to the account of the copartnership of Oliver Brothers, because the purchasing company, the payee named in the note, had no account with…

2Cases cited3 opinions

  1. Hays v. . HathornNew York Court of Appeals · 1878
  2. Madison Square Bank v. PierceNew York Court of Appeals · 1893
  3. Twelfth Ward Bank v. BrooksAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by6 opinions

  1. General Investment Co. v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
  2. American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
  3. Brown v. First National BankSupreme Court of Florida · 1923
  4. Continental Securities Co. v. Interborough Rapid Transit Co.New York Supreme Court · 1922
  5. Butterworth v. BeachWyoming Supreme Court · 1923

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