State Bank v. Kahn
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of ¡New York, rendered in favor of the plaintiff.
1Opinion of the CourtGreenbaum, J.
The defendant Samuel Kahn was an accommodation indorser and the last indorser of the note in suit. Plaintiff entered judgment against the maker and the indorsers other than the defendant Samuel Kahn. One Silas Schwartz became one of the sureties on an undertaking given by the judgment debtors on appeal from said judgment and as such surety paid the amount of the judgment to the plaintiff.
Thereupon Schwartz became subrogated to the right of the plaintiff as against the judgment debtors whose debts he was compelled to pay, and he became entitled to enforce all appropriate remedies against said…
2Cases cited1 opinion
- Smith v. National Surety CoNew York Supreme Court · 1899
3Cited by2 opinions
- Cohn v. HittTennessee Supreme Court · 1915
- Niagara County National Bank & Trust Co. v. La PortNew York Supreme Court · 1931