General

James Selden, Respondent, v. Joseph Bayley, Appellant

54 N.Y. 659·New York Commission of Appeals·1873·NY

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Opinion

James Selden, Respondent, v. Joseph Bayley, Appellant. (Argued March 21, 1873; decided June term, 1873.) This was an action upon a promissory note against an indorser. Defendant alleged that plaintiff was not a bona fide holder, and that payments had been made thereon by the maker. Upon the trial, the court, holding that plaintiff was a bona fide holder, rejected evidence offered by defendant tending to show'payments, and directed a verdict. Held, error; that the evidence was not so clear that the plaintiff was a bona fide holder as to authorize the taking of the question from the jury, and that in any event the evidence as to payments was proper. D. C. Calvin for the appellant. M. S. Thompson for the respondent. [MAJORITY — Reynolds, C.,] Reynolds, C., reads for reversal and new trial. All concur. Judgment reversed.