National Exchange Bank v. McFarlan
New York Supreme Court
Appeal from special term, Montgomery county. Action by the National Exchange Bank of Albany against John McEarlan and John Carmichael. Plaintiff appeals from an order directing a separate trial between itself and each defendant.
1Opinion of the CourtLandon, J.
The action is upon a promissory note made by Daniel Carmichael, and the defendants are sought to be charged as indorsers. Each defendant denies making the indorsement. The question of fact is whether the alleged indorsements are forged. The motion for a separate trial was granted upon the motion of the defendant McFarlan, and upon affidavits showing that there are many notes similar to the note in suit; that upon a trial already had upon one of these notes, to which the defendants interposed the like answers, much evidence was offered and received for the purpose of showing the genuineness of…
2Cited by1 opinion
- Franklin v. LeiterAppellate Division of the Supreme Court of the State of New York · 1912