Hungerford's Bank v. Postdam & Watertown Railroad
New York Supreme Court
Motion for judgment. This action was brought on a promissory note made by the Potsdam and Watertown Bailroad Company, indorsed by the other defendants, for $5000, payable in the city of Bew York. It was given to take up another note of the same amount, made and indorsed by the same parties, payable also in the city of Bew York; which had been protested, and which the plaintiff had been obliged to take up with Bew York funds. Plaintiff is located at Adams.
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Motion for judgment. This action was brought on a promissory note made by the Potsdam and Watertown Bailroad Company, indorsed by the other defendants, for $5000, payable in the city of Bew York. It was given to take up another note of the same amount, made and indorsed by the same parties, payable also in the city of Bew York; which had been protested, and which the plaintiff had been obliged to take up with Bew York funds. Plaintiff is located at Adams. When the note in suit was given, the defendant, the Potsdam and Watertown Bailroad Company, paid to plaintiff the discount on it, and the…
1Opinion of the CourtMason, J.
This loan was made by the plaintiff to the defendant, the Potsdam and Watertown Bailroad Company, and the other defendants were accommodation indorsers of the note. This note in suit was given in renewal of another note of the same amount, discounted by the plaintiff for the defendant, the Potsdam and Watertown Bailroad Company. I find that the note in suit was given upon an agreement made between the plaintiff and the said Bailroad Company, by which the plaintiff intended to get, and did get more than seven per cent, for the loan or forbearance of money. (The Seneca County Bank a.…
2Cases cited3 opinions
- Cleveland v. LoderNew York Court of Chancery · 1839
- Green v. MorseNew York Supreme Court · 1848
- Seneca County Bank v. SchermerhornCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Strong v. New York Laundry Manufacturing Co.The Superior Court of New York City · 1874