Kelly v. Theiss
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court or Hew York, which affirmed a judgment of the same court, at a Special Term, overruling a demurrer to the complaint as frivolous and awarding the relief asked for by the plaintiff. Action by the payee of a promissory note against the indorser.
1Opinion of the CourtBischoff, J.
The action was upon a promissory note, dated June 3, 1896, made by George Theiss and John Henry Theiss, in*312dórsed by the defendant Katie Theiss, and payable to the order of the plaintiff on demand after date. The complaint averred the delivery of the note, indorsed as stated, before maturity, and in payment of a pre-existing debt of the makers; that at the time of the indorsement and • delivery - the. defendant Katie Theiss intended to be bound for the payment of,the note at maturity and to induce the plaintiff, in consideration therefor, to extend the makers’ credit, and that the note' so…
2Cases cited4 opinions
- Cutler v. . WrightNew York Court of Appeals · 1860
- Noel v. . MurrayNew York Court of Appeals · 1855
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Carter, Rice & Co. v. HowardAppellate Terms of the Supreme Court of New York · 1896
3Cited by2 opinions
- Miller & Lux, Inc. v. DunlapCalifornia Court of Appeal · 1915
- In re the Estate DashnauNew York Surrogate's Court · 1948