Cases Decided in the Inferior Courts of Record of the State of New York Volume 7

Cases Decided in the Inferior Courts of Record of the State of New York Volume 7

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... it to the plaintiff as collateral security for an existing indebtedness of Blair, and nowhere alleges that there was either fraud or diversion in such transfer. In the case of Mechanics cf: Traders' Bank v. Livingston, Misc. Rep. 81; 55 X. Y. St. Repr. 394; 26 N. Y. Supp. 25, we held that the transferee of a negotiable note, taken before maturity as collateral security for a precedent debt, is a holder for value, and he may enforce it against the accommodation maker and indorser if there be no diversion or other fraud in its acquisition. None of the defenses which were attempted to be proved on the trial were set up in the answer, and were, therefore, properly excluded. The judgment must be affirmed. Present: Daly, Ch. J., Bischoff and Pryor, J J. Judgment affirmed, with costs. Bernard S. Mckean, Appellant, v. Charles H. Adams, Respondent. (New York Common Pleas--General Term. March. 1894.) An order of the General Term of the City Court, affirming an order vacating and setting nside an order settling a case on appeal and ordering tbe same on file, on the ground of irregularity, is not appealable to the Court of Common Pleas. Atpeal from order of the General Term of the City Court of New York, affirming an order setting aside a case on appeal. E. F. Bullard, for appellant. Booraem, Hamilton & Beckett William II. Hamilton and Henry M. Ward, of counsel), for respondent. Per Curiam. The appeal will have to be dismissed because the order of the General Term of the City Court of which appellant complains is not appealable to this court under any provision of the Code. It is an order vacating his case on appeal and vacating the settlement thereof, and was made because the settlement of the case was procured irregularly. The appellant is not thereby...show more

Product details

  • Paperback | 302 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236608186
  • 9781236608185