City of New York Municipal Court, 1895

Western National Bank v. Flanagan

Western National Bank v. Flanagan
City of New York Municipal Court · Decided February 15, 1895 · Newburger
11 Misc. 445; 32 N.Y.S. 1151; 65 N.Y. St. Rep. 883

Counsel

Wise <& Fla/nagan, for appellant., Charles F. 'MaeLean, for respondent.

Western National Bank v. Flanagan

Opinion of the Court

Newburger, J.

This is an appeal from a judgment entered on a verdict, rendered by direction of the court, in favor of plaintiff.

The defense is that the note was accommodation paper and was diverted, and that the plaintiff, at the time of maldng the same, had notice of these facts.

The record clearly shows that the bank took the note .in the regular course of business, and there was no evidence of any diversion, and, therefore, the trial justice properly denied defendant’s itiotion for a direction of a verdict in his favor.

The judgment appealed from must be affirmed, with costs.

Fitzsimons, J., concurs.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.