Lowerre v. Vail
New York Supreme Court
Motion for leave to discontinue without payment of costs. Three actions were brought by the plaintiff, each against the defendant, as endorser of a promissory note. The defence in each action was, that the endorsement was a forgery. On the trial of the action first brought to trial the plaintiff recovered a verdict.
Read the full summary
Motion for leave to discontinue without payment of costs. Three actions were brought by the plaintiff, each against the defendant, as endorser of a promissory note. The defence in each action was, that the endorsement was a forgery. On the trial of the action first brought to trial the plaintiff recovered a verdict. On the trial of the second, the defendant offered himself as a witness, under section 399 of the Code, as amended 1857, to disprove the genuineness of the endorsement, and prevailed upon that question, and a verdict was rendered in his favor. The plaintiff now moved, in the third…
1Opinion of the CourtBibdseye, J.
The plaintiff in this case does not sue en autre droit;—the action is by the Bank, and solely for its benefit, though in the name of its president. It cannot be likened to a suit by an executor, or administrator, or the assignee appointed in the course of insolvent proceedings (Reeder v. Seely, 4 Cow., 548; Phenix v. Hill, 3 Johns., 249; Purdy v. Purdy, 5 Cow., 14). The protection which these cases had extended to executors and administrators was confirmed by statute (2 Rev. Stats., 615, § 17); but it was limited to cases where they “ necessarily prosecuted” in the right of their testator or…
2Cases cited6 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Purdy v. PurdyNew York Supreme Court · 1825
- Barker v. BakerNew York Supreme Court · 1826
- Phœnix v. HillNew York Supreme Court · 1808
- Reeder v. SeelyNew York Supreme Court · 1825
1 more not listed; retrieve them via the Exa API.