Legal Opinion

Twelfth Ward Bank v. Brooks

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 10 opinions

Appeal by the plaintiff, The Twelfth Ward Bank of the City of New York, from so much of an interlocutory judgment of the Supreme Court in favor of the defendant Brooks, entered in the office of the clerk of the county of New York on the 14th day of December, 1900, upon the decision of . the court, rendered after a trial at the New York Special Term, as overrules the demurrer of the plaintiff to the third defense contained in the amended answer of the defendant Brooks.

1Opinion of the Court

Hatch, J.:

The defendant and respondent Brooks is indorser upon a promissory note which passed into the hands of one Quincy, who in turn indorsed the same to the plaintiff. An action having been brought on the note by the plaintiff, the. defendant Brooks interposed an answer containing three separate defences. To each of these the plaintiff demurred on the ground that they were severally insufficient in law. Upon the hearing of the demurrers the court sustained the same as to the first and second defenses, but overruled it as to the third.

The complaint contains the usual allegations of the…

2Cases cited2 opinions

  1. Madison Square Bank v. PierceNew York Court of Appeals · 1893
  2. Conselyea v. . SwiftNew York Court of Appeals · 1886

3Cited by10 opinions

  1. Continental Securities Co. v. Interborough Rapid Transit Co.New York Supreme Court · 1922
  2. Adamson v. AdamsonAppellate Division of the Supreme Court of the State of New York · 1937
  3. People's National Bank v. RiceAppellate Division of the Supreme Court of the State of New York · 1912
  4. In Re GarfunkelDistrict Court, S.D. New York · 1924
  5. Ludlow v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1907

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