Loweree v. Babcock

New York Supreme Court

Loweree v. Babcock

8 Abb. Pr. 255

DecidedSeptember 15, 1867

StatusPublished

This text of 8 Abb. Pr. 255 (Loweree v. Babcock) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Loweree v. Babcock, 8 Abb. Pr. 255 (N.Y. Super. Ct. 1867).

Pincite

Opinion

By the Court.—Hogeboom, J.

I perceive no difference in this case from that of the Corn Exchange Insurance Company against tlie same defendants, just described, except that in this case the plaintiff is a bona fide holder for value, and there was no amendment [256]*256of the complaint charging the ownership "by her of a separate estate, and the intent to charge the same by her indorsement; but proof of such ownership of real estate was introduced without objection. I see nothing in these facts which should vary the conclusion from that which was arrived at in that case, and I am accordingly of the opinion that the judgment in this case should be reversed, and a new trial granted, with costs to abide the event.

Order accordingly.

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By the Court.—Hogeboom, J.

I perceive no difference in this case from that of the Corn Exchange Insurance Company against tlie same defendants, just described, except that in this case the plaintiff is a bona fide holder for value, and there was no amendment [256]*256of the complaint charging the ownership "by her of a separate estate, and the intent to charge the same by her indorsement; but proof of such ownership of real estate was introduced without objection. I see nothing in these facts which should vary the conclusion from that which was arrived at in that case, and I am accordingly of the opinion that the judgment in this case should be reversed, and a new trial granted, with costs to abide the event.

Order accordingly.

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Bluebook (online)

8 Abb. Pr. 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loweree-v-babcock-nysupct-1867.