National Citizens' Bank v. . Toplitz
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1903, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action is brought to recover the balance due on a promissory note made by the defendant on the 26tli day of December, 1899, to the order of L. Toplitz, Son & Co., for $5,000.00, payable in five months after date.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1903, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action is brought to recover the balance due on a promissory note made by the defendant on the 26tli day of December, 1899, to the order of L. Toplitz, Son & Co., for $5,000.00, payable in five months after date. The payees and indorsers of the note are the defendant’s sons, and the note was discounted by the Ninth National Bank of New York from which the plaintiff herein…
1Opinion of the CourtWerner, J.
The learned trial court and the Appellate Division were of the opinion that under sections 3 and 55 of the Negotiable Instruments Law (L. 1897, ch. 612), the facts set forth in the answer did not constitute a defense. The question whether these sections of the statute referred to have inado a change in the liability assumed by an accommodation maker of a promissory note, is an interesting one which we do not deem it necessary to discuss at this time, because we have reached the conclusion that the answer does not present a legal defense in any aspect of the case. The defendant claims to be…
2Cases cited7 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Bailey v. FreemanNew York Supreme Court · 1809
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- Federal Deposit Insurance v. HyerAppellate Division of the Supreme Court of the State of New York · 1979
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