Guttman v. Abbott
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Sigmund Guttman against Emil B. Abbott and Oscar-B. Abbott. From a judgment' for plaintiff, Oscar B. Abbott appeals.
1Opinion of the CourtGiegerich, J.
The action was brought upon a promissory note made by the defendant Emil B. Abbott to the order of the plaintiff, and indorsed by the defendant Oscar B. Abbott before delivery. Judgment was rendered for the amount of the note, with interest and costs, from which judgment the defendant Oscar B. Abbott appeals.
He was called as a witness upon the trial, and testified without contradiction that he received no notice of protest or presentation of the note for payment. His obligation as an indorser was, of course, contingent on the failure of the maker to pay at maturity the due protest of the…
2Cases cited2 opinions
- Fuller Buggy Co. v. WaldronAppellate Division of the Supreme Court of the State of New York · 1906
- Rooney v. Brogan Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Donnelly v. GarvanSupreme Court of Connecticut · 1930