Blanchard v. . Blanchard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The payee, and first indorser of a promissory note, to recover of the maker for moneys paid as such indorser, must take up the note and bring his action on it against the maker, and cannot recover from the maker for moneys paid for the maker’s benefit and impliedly at his…
1Opinion of the CourtCollin, J.
The defendant on May 12, 1900, made his negotiable promissory note for $1,100.15, payable with interest to the order of Flint Blanchard and to mature August 12, 1900. Flint Blanchard indorsed it for the accommodation of the defendant, who then delivered it to and received thereupon from Daniel Griswold the sum of $1,100.15. Flint Blanchard on July 9, 1900, waived demand of payment and notice of the non-payment thereof. The defendant made no payment upon the note. Flint Blanchard made two small payments thereon, and after his death, February 17,1906, and plaintiff’s appointment, March 5, 1906,…
2Cases cited11 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1872
- Stanley v. McElrathCalifornia Supreme Court · 1890
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- Matter of Whitman. No. 1New York Court of Appeals · 1918
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- Unisys Corp. v. Hercules Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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