Farmer's & Mechanic's National Bank v. Hazeltine ( 1879 )

Van Vorst, J.,

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.