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8 Abb. Pr. 255

Loweree v. Babcock

New York Supreme Court

Decided September 15, 1867

New York Supreme Court · decided 1867-09-15

This action was brought by Arthur H. Loweree against Armina Babcock, upon a note similar to that described in the preceding casé of Com Exchange Insurance Company against the same defendants.

Decided 1867-09-15

By the Court.—Hogeboom, J.

¶1I 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 *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.

¶2Order accordingly.

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