Lancey v. . Clark
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. (Reported below, 3 Hun, 575.) This action was brought upon a promissory note made by defendant, payable to the order of Frederick Lambert, who was at the time one of the firm of Lambert & Lincoln.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. (Reported below, 3 Hun, 575.) This action was brought upon a promissory note made by defendant, payable to the order of Frederick Lambert, who was at the time one of the firm of Lambert & Lincoln. The note was made for the accommodation of said firm and was discounted by the Uorth River Bank and the proceeds passed to the credit of the firm. Soon after the firm was dissolved, Lincoln agreeing to…
1Opinion of the CourtEarl, J.
The defendant made the note in suit for the benefit and accommodation of the firm of Lambert & Lincoln. It was discounted and the proceeds passed to their credit by the LTorth River Bank. Each member was therefore bound, as to the maker, to pay the note, and thus save him from liability on account thereof. Before the note became due the firm was dissolved, and Lincoln was to close up its business. Plaintiff lived in Canada, and Lincoln wrote him, requesting him to take up the note and furnish the money for that purpose. Plaintiff, a few days before the maturity of the note, sent Lincoln the…
2Cases cited1 opinion
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
3Cited by21 opinions
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- Binford v. AdamsIndiana Supreme Court · 1885
- Bunker v. LangsNew York Supreme Court · 1894
- Citizens Bank v. LaySupreme Court of Virginia · 1885
- Citizens Trust Co. v. WardMissouri Court of Appeals · 1917
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