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Skinner Engine Co. v. Old Staten Island Dyeing Establishment

28 N.Y.S. 598 Court N.Y. City Ct. Decision date 1894-04-23 English

Contents

Majority

p. 598
(8 Misc. Rep. 75.)
SKINNER ENGINE CO. v. OLD STATEN ISLAND DYEING ESTABLISHMENT.
(City Court of New York, General Term.
April 23, 1894.)

Headnote

Negotiable Instruments—Bona Fide Purchaser.
One who accepts a note before maturity in full discharge of an antecedent debt is a bona fide purchaser for value.
Appeal from trial term.
Action by the Skinner Engine Company against the Old Staten Island Dyeing Establishment. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
Argued before NEWBURGER, P. J., and McCARTHY and CONLAN, JJ.
Burrill, Zabriskie & Burrill, for appellant.
Ewing, Whitman & Ewing, for respondent.

We have examined very carefully the authorities cited by the appellant, and think that many of the distinctions drawn are too fine, and not borne out by the evidence in this case. The evidence is clear and sufficient that the plaintiff accepted this note in suit in full and complete discharge of the antecedent debt, and thus became a bona fide holder for value, before maturity. This, being so, cut off any defenses or claims which the defendant might have against Barnhurst, unless evidence of knowledge or notice thereof to plaintiff is shown. This has not been done, and where the evidence is unimpeached, and not contradicted, it is the duty of the trial justice to direct a verdict for the plaintiff. These facts, in our opinion, appear in this case; and, finding no error in the rulings, judgment must be affirmed, with costs. All concur.