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Farmer's & Mechanic's National Bank v. Hazeltine

45 N.Y. Super. Ct. 576 13 Jones & S. 576 Court N.Y. Super. Ct. Decision date 1879-03-03 English

Delivered by Van Vorst, J.,

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p. 576
THE FARMER’S AND MECHANIC’S NATIONAL BANK OF BUFFALO, Plaintiff and Respondent, v . JOSEPH M. HAZELTINE, et al., Defendants and Appellants.[1]
Before Van Vorst and Speir, JJ.
Decided March 3, 1879.

Headnote

Appeal by defendants from judgment and order denying motion for new trial on the minutes.
C. Van Santvoord, attorney, and of counsel, for appellants.
Fithian & Clark, attorneys, and Freeman J. Fithian, of counsel, for respondent.

wrote for affirmance with costs, holding in substance:—This case involves the same principles as are presented in Farmer’s & Mechanic’s National Bank of Buffalo v. Logan, 74 N. Y. 568 , and in Farmer’s & Mechanic’s National Bank of Buffalo v. Atkinson, Id. 587 . The points urged by counsel for appellants are fully answered by the opinions in those cases. The maxim, nemo dab quod non habeb, applies.

Speir, J., concurred.

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