O'Neill v. Meighan
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, rendered in favor of the defendant, upon a trial had before the court, without a jury. Action against the indorser of a promissory note payable on demand. The defense was that the note was not presented within a reasonable time after the making of the same.
1Per curiam
The record discloses sufficient evidence to justify a finding that the note in suit was not presented within a reasonable time. The said note was made payable on demand, without interest, and was given by the maker in part settlement of a previous indebtedness to the holder. It was, therefore, incumbent upon the plaintiff, in order to hold the defendant herein liable as an indorser upon-said note, to present the same within a reasonable time after the making thereof (Crim v. Starkweather, 88 N. Y. 339), and injury will be presumed until it is made to appear that no damage could have resulted…
2Cases cited4 opinions
- Carroll v. . SweetNew York Court of Appeals · 1891
- Crim v. . StarkweatherNew York Court of Appeals · 1882
- Smith v. . MillerNew York Court of Appeals · 1873
- Manning v. LyonNew York Supreme Court · 1893