German-American Bank v. . Atwater
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 29, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 29, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was brought to recover on certain promissory notes made by the firm of Atwater, Armstrong and Clark to the order of the defendant, the wife of Atwater, which notes she indorsed to the plaintiff after maturity. The plaintiff, shortly prior to the 29th day of April, 1896, was the holder of considerable paper that it had…
1Opinion of the Court
Parker, Ch. J.
That the plaintiff had to make a demand on the makers for payment and give notice of dishonor to the defendant in the event, of non-payment, in order to recover of her upon the notes, is of course conceded. The time at which demand should have been made and notice of protest given, has been the subject of sharp controversy; but we regard the law applicable to this situation as settled by Eisenlord v. Dillenback (15 Hun, 23 ; affirmed in this court on the opinion below, 79 N. Y. 617). In that case, as in this one, the defendant indorsed the notes after maturity, but denied…
2Cited by3 opinions
- German-American Bank v. MillsAppellate Division of the Supreme Court of the State of New York · 1904
- Klemann v. CollinsAppellate Division of the Supreme Court of the State of New York · 1928
- RCA Service Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1964