National Broadway Bank v. Hitch
New York Supreme Court
Appeal from special term, New York county. Action by the National Broadway Bank of the city of New York against Henry F. Hitch, impleaded, etc., to recover on a partnership promissory note. Judgment was entered against defendant’s partners, and, from the order vacating such judgment, defendant appeals. Reversed. For former report, see 13 N. Y. Supp. 526.
1Opinion of the CourtO’Brien, J.
This appeal brings up for review an order granting leave to plaintiff to vacate a judgment in its favor entered against two of the defendants. This action was brought in June, 1886, on a promissory note made by the defendants under their firm name of H. H. Swift & Co., which firm was composed of Humphrey H. Swift, Alfred G. Swift, and Henry F. Hitch. The defendants Swift separately appeared and interposed a demurrer to the complaint, which was overruled, and the action severed as to them by order of the court, and judgment upon *396the demurrer entered as against them. Thereafter an answer…
2Cases cited3 opinions
- Weed v. . WeedNew York Court of Appeals · 1883
- Jacobs v. . MorangeNew York Court of Appeals · 1871
- Dinsmore v. AdamsNew York Supreme Court · 1874
3Cited by2 opinions
- O'Hanlon v. ScottNew York Supreme Court · 1895
- Weston v. Citizens' National Bank of CorryAppellate Division of the Supreme Court of the State of New York · 1903