Bank of Monongahela Valley v. . Weston
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 29, 1896, overruling the exceptions of the plaintiff and dismissing the complaint, with costs. 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 December 29, 1896, overruling the exceptions of the plaintiff and dismissing the complaint, with costs. The nature of the action and the facts, so far as material, are stated in the opinion. While it is the law that when a promissory note is presented by the maker, it is to be construed as notice to the purchaser that the indorsements are accommodation, this rule cannot be applied to the $2,500, forming a part of the $5,000 note, because to the extent of $2,500 thereof no such…
1Opinion of the CourtVann, J.
This action was brought upon two promissory notes, each made by Edwin F. Curtis, payable to the order of Weston Brothers, at the Bank of the Monongahela Valley, Morgantown, West Virginia, indorsed by Weston Brothers as first indorsers, and by William W. Weston as second indorser. The first note, dated at Olean, N. Y., December 15, 1892, was for $6,500, and ran four months, while the second, dated at the same place March 31, 1893, was for $5,000 at thirty days. The defense pleaded by Abijah and Orren Weston, who alone defended, was that the indorsement of the name of their firm was made after…
2Cases cited10 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Austin v. . HollandNew York Court of Appeals · 1877
- First National Bank v. . DanaNew York Court of Appeals · 1879
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Stone v. . FlowerNew York Court of Appeals · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
- Johnson v. Marx Levy & Bro.Supreme Court of Louisiana · 1902
- Chemical National Bank v. KelloggNew York Court of Appeals · 1905
23 more not listed; retrieve them via the Exa API.