Porter v. Thom
Appellate Division of the Supreme Court of the State of New York
A-ppeal by the plaintiff, David C. Porter, from- a judgment of the-Supreme Court in favor of the defendant, Julia S. Thom, entered in the office of the clerk of the county of Kings on the 30th day off December, 1898, upon the dismissal of the complaint by direction . of the court after a trial at the Kings County Trial Term, ¡and also-from an order entered in said clerk’s office on the 26tli day bf January, 1899, denying the plaintiff’s motion for a new trial made upon the…
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A-ppeal by the plaintiff, David C. Porter, from- a judgment of the-Supreme Court in favor of the defendant, Julia S. Thom, entered in the office of the clerk of the county of Kings on the 30th day off December, 1898, upon the dismissal of the complaint by direction . of the court after a trial at the Kings County Trial Term, ¡and also-from an order entered in said clerk’s office on the 26tli day bf January, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
On a former ¡appeal we held that there was sufficient evidence* that a demand for payment of the note had been made to justify the submission of that question to the jury; but we were of opinion that the evidence was insufficient to authorize a finding that theindorser, Julia S. Thom, when she made payments of interest, had. any knowledge that the note had been dishonored. (Porter v. Thom, 30 App. Div. 363.) The evidence on this appeal bearing on. the first question is the same as that in the record previously before* us, and we see no reason to change our former view-thereon.
The…
2Cases cited4 opinions
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Parker v. . StroudNew York Court of Appeals · 1885
- Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898
- Whitaker v. MorrisonSupreme Court of Florida · 1846
3Cited by3 opinions
- Dickson v. DicksonCourt of Appeals of Texas · 1959
- Gilpin v. SavageNew York Supreme Court · 1908
- Candee, Smith & Howland Co. v. Bendish Contracting Co.City of New York Municipal Court · 1933