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Western National Bank v. Flanagan

65 N.Y. St. Rep. 883 Court N.Y. City Ct. Decision date 1895-02-11 English

Delivered by Newburger, J.

Contents

Majority

p. 883
Western Nat. Bank of City of New York, Resp’t, v. William N. Flanagan, App’lt.
N. Y. C. C.,
February 11, 1895.
Wise & Flanagan, for app’lt; Charles F. MacLean, for resp’t.

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