Jamaica National Bank v. Le Reiz Construction Corp.

In an action against the maker, an indorser, and a guarantor of a promissory note, judgment, insofar as it grants recovery in favor of the plaintiff against the indorser, reversed on the law and the facts, and a new trial granted, with costs to abide the event. The judgment appealed from is contrary to the weight of the evidence. There was testimony by the indorser, uncontradicted by witnesses who were apparently available, that, during the period he resided outside the State of New York, he had been frequently available within the State for service of process to plaintiff’s knowledge. In the…