Hyperlawhypertext legal database Western Nat. Bank v. Flanagan 32 N.Y.S. 1151

← Cases

Western Nat. Bank v. Flanagan

32 N.Y.S. 1151 Court N.Y. City Ct. Decision date 1895-02-11 English

Delivered by NEWBURGER, J.

Contents

Majority

p. 1151
WESTERN NAT. BANK OF CITY OF NEW YORK, Respondent, v. FLANAGAN, Appellant.
(City Court of New York, General Term.
February 11, 1895.)

Headnote

Action by the Western National Bank of the City of New York against William W. Flanagan.
Wise & Flanagan, for appellant. Charles F. MacLean, for respondent.

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 making 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 motion for a direction of a verdict in his favor. The judgment appealed from must be affirmed, with costs.