86 N.Y.S. 701 | N.Y. Sup. Ct. | 1904
Motion to set aside a verdict and for a new trial. On December 12, 1901, one Arthur Johns, who hád been the attorney of Mrs. Edla M. Meuer and had collected certain moneys for her, which he had deposited to his own account in the Phenix National Bank, delivered to her his check for $1,303.65, drawn to her order on said bank. On December 28, 1901, Mrs. Meuer transferred and delivered said check for a valuable consideration to the plaintiff, hert brother-in-law. She was sick at the time and omitted to indorse the check. Before this omission could be supplied she died on the 29th of December, 1901. The evidence was conclusive that the transaction was bona fide and that the transfer of the check was with full knowledge and for full consideration and sustains the verdict. Plaintiff thus became the holder of the check for value. There is abundant author
Ordered accordingly.