General

Frederick A. Sands, Receiver, etc., Respondent, v. Isaac Son, Survivor, etc., Appellant

56 N.Y. 662·New York Court of Appeals·1874·NY

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Opinion

Frederick A. Sands, Receiver, etc., Respondent, v. Isaac Son, Survivor, etc., Appellant. (Argued April 23, 1874; decided May 1, 1874.) This was an action upon two promissory notes given to the Columbian Insurance Company, of which company plaintiff is receiver. One of these only was in question. The court held that the evidence clearly showed the note was given as a stock or capital note; that under the case of Jackson v. Van Slyke (52 NY Y., 645), the form of the note did not determine this question, but it was open to inquiry; and that the note was barred by the statute of limitations. A. Bingham for the appellant. Henry R. Mygatt for the respondent. [MAJORITY — Johnson, J.,] Johnson, J., reads for reversal and new trial. All concur. Judgment reversed.