Smith v. Leiman
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Moses Smith against Samuel Leiman and others. From a judgment of the New York City Court in favor of plaintiff as against Nathan Messer, and from an order denying his motion for a new trial, defendant Messer appeals.
1Opinion of the CourtSeabury, J.
Plaintiff sued the defendant Messer as an accommodation indorser of a promissory note made by the defendant Reiman, and recovered judgment for the amount of the note, with interest and costs. Only the defendant Messer appeals to this court.
The defendant appellant denied the allegations of the complaint and pleaded several separate defenses. With the answer the appellant served an affidavit that he at no time received any notice of nonpayment or of the protest of the note set forth in the complaint. There was no evidence of the presentation or protest of the note, or that notice of protest was…
2Cases cited1 opinion
- Dupont de Nemour Powder Co. v. RooneyNew York Supreme Court · 1909
3Cited by1 opinion
- Hartenstein v. Vesta Manufacturing Corp.Appellate Terms of the Supreme Court of New York · 1929