General

Charles B. Franc, Respondent, v. Henry H. Dickinson, Appellant

125 N.Y. 710·New York Court of Appeals·1891·NY

All concur.

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Opinion

Charles B. Franc, Respondent, v. Henry H. Dickinson, Appellant. (Argued December 2, 1890; decided January 13, 1891.) Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 20, 1889, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action upon a promissory note. The defense was that the note was obtained by fraud, and that plaintiff was not a bona fide purchaser. On trial the court directed a verdict for plaintiff. The court here hold that there was evidence sufficient to require the submission to the jury of the issues of fact. James MeKeen for appellant. John L. Hill for resnondent. [MAJORITY — Peckham, J.,] Peckham, J., reads for reversal and new trial. All concur. Judgment reversed.