Fourth National Bank v. Spinney
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23,1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion by the defendants for a new trial.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23,1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion by the defendants for a new trial. This action was founded upon a written obligation, of which the following is a copy: “ Know' all men by these presents: That we, Bichará H. Cornwell, Joseph S. Spinney and Stephen Crowell, all of the city of Brooklyn, are held and firmly bound unto the Fourth Kational Bank of the city of Kew York, in the sum…
1Opinion of the CourtVann, J.
The question whether Cornwell ceased to be a bookkeeper while he was employed by the bank was submitted to the jury, who were instructed that if he was virtually removed from that position and promoted to another, which increased the liability of the defendants as his sureties, the plaintiff could not recover; but that if he was continued as a bookkeeper all the time, even if other duties were superadded, the defendants were liable. It is now insisted that the evidence received sufficiently established, and, with the evidence excluded, would have conclusively established that Cornwell, during…
2Cases cited2 opinions
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Rochester City Bank v. . ElwoodNew York Court of Appeals · 1860
3Cited by3 opinions
- Wilson v. WebberNew York Supreme Court · 1895
- Morse Dry Dock & Repair Co. v. Seaboard Transp. Co.Court of Appeals for the Second Circuit · 1908
- Stamets v. Plano Manufacturing Co.Indiana Court of Appeals · 1907