Hoover v. . Hubbard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1909 affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1909 affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Payments upon a joint and several note by one of the makers, within six years prior to the commencement of the action, does not affect the defense of the Statute of Limitations as to the other maker who made no payments within that period. (Shoemaker v. Benedict, 11 N. Y. 176; Murdock v.…
1Opinion of the CourtChase, J.
On March 1, 1895, the defendants borrowed of Charles Center six hundred dollars for which they gave to him a promissory note, of which the following is a copy:
“$600.00 Theresa, March 1, 1895.
“For value received, we jointly and severally promise to pay Charles Center, or bearer, six hundred dollars one year after date, at five per cent, interest.
“ELMER E. HUBBARD, “HENRY H. HUBBARD.”
The defendant Elmer E. Hubbard paid the interest on said note annually for eleven years. He also paid thereon $300 on account of principal. Prior to the commencement of this action the plaintiff became the owner…
2Cases cited4 opinions
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
3Cited by11 opinions
- Peoples Trust Co. v. O'NeilNew York Court of Appeals · 1937
- Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
- Alabam Freight Lines v. ChateauArizona Supreme Court · 1941
- In re FalkDistrict Court, S.D. New York · 1949
- Security Bank v. FinkelsteinAppellate Division of the Supreme Court of the State of New York · 1913
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