Kenny v. Hinds
New York Court of Appeals
This was an action brought to recover upon an instrument m writing as follows: “Rochester, February 28,1861, Please pay to Jacob Hinds or order $400, from the proceeds of Leonard & Ives bond, and charge the same to the account of, yours, &c., Adin J. Hinds. To Charles H. Stewart, Esq., Counsellor, &c., New York.” Indorsed “ Jacob Hinds.” Indorsed also as follows: “Accepted, payable as soon as this amount is collected accruing to drawer, Chas. H. Stewart.”
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This was an action brought to recover upon an instrument m writing as follows: “Rochester, February 28,1861, Please pay to Jacob Hinds or order $400, from the proceeds of Leonard & Ives bond, and charge the same to the account of, yours, &c., Adin J. Hinds. To Charles H. Stewart, Esq., Counsellor, &c., New York.” Indorsed “ Jacob Hinds.” Indorsed also as follows: “Accepted, payable as soon as this amount is collected accruing to drawer, Chas. H. Stewart.” The action was tried before Justice E. Darwin Smith, at the New York circuit in November, 1867, and a verdict rendered for the plaintiff.…
1Opinion of the CourtFolger, J.
To sustain the conclusion of law in favor of the plaintiff, made .by the judge at special term, it needed that he find, in the plaintiff’s favor, two questions of fact.
1st. That the- defendant was indebted to Jacob Hinds at the time the instrument in writing was made and, delivered in the amount expressed therein.
2d. That Jacob hinds assigned to the plaintiff, the instrument in writing, and indebtedness, if any there was, for which it was given.
The learned judge did find these two facts. But if it should appear that he found them without there being any evidence to sustain them, or either of…
2Cases cited1 opinion
- Brown v. . RichardsonNew York Court of Appeals · 1859
3Cited by1 opinion
- Blake v. WeidenNew York Court of Appeals · 1943