Carter, Rice & Co. v. Howard
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court-of Hew York, which affirmed á judgment for the plaintiff rendered at Trial Term of the same court upon a verdict. Action by the payee, against the indorser, upon a promissory note indorsed for the accommodation of the maker.
1Opinion of the CourtBischoFf, J.
For the amount of his precedent debt one Mc-Munn gave to the plaintiff, a corporation, his promissory note, pay*382able to the latter’s order, and indorsed by the defendant. At maturity the note was only partly, paid, and thereafter, in an action ■upon the- original debt, the plaintiff had judgment by default against McMunn for the balance due.' Failing to realize upon such • judgment the plaintiff brought this action upon the note, against the indorser only, and had judgment therein for such balance.
• The complaint contained the averments necessary to charge the defendant with liability as prior…
2Cases cited15 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Frear v. . SweetNew York Court of Appeals · 1890
- Moore v. . CrossNew York Court of Appeals · 1859
- Noel v. . MurrayNew York Court of Appeals · 1855
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3Cited by5 opinions
- American Trust Co. v. New York Credit Men's Adjustment Bureau, Inc.Court of Appeals for the Second Circuit · 1953
- Alber-Wickes Platform Service v. Freiburg Passion Play in English, Inc.New York Supreme Court · 1931
- Kelly v. TheissAppellate Terms of the Supreme Court of New York · 1897
- Drennan v. BoiceAppellate Terms of the Supreme Court of New York · 1897
- Frisbee v. Tufts, New York County Courts1911