Smith v. . Weston
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered July 1, 1895, affirming a judgment entered upon a verdict directed in favor of the defendant. - The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered July 1, 1895, affirming a judgment entered upon a verdict directed in favor of the defendant. - The nature of the action and the facts, so far as material,, are stated in the opinion. The rule that where a note is. presented by and discounted for its maker the purchaser-must be held to have notice that the indorsement is accommodation, and hence outside the business of the firm, and that the burden is thrown upon the holder of the note of proving the authority or consent of the other…
1Opinion of the CourtYann, J.
This action was brought against the defendants as second indorsers upon a note, dated December, 4th, 1891, whereby George Yan Campen & Sons, nine months after date promised to pay to the order of J. K. Yan Campen, administrator, $2,000 at the First National Bank of Olean, N. Y., for value received. The note was - indorsed by “ J. K. Van Campen, administrator,” as first indorser, and by “ Weston Brothers ” as second indorser. The defendant Abijah Weston alone answered, alleging that the indorsement of Weston Brothers was made for the accommodation of the makers, without consideration or…
2Cases cited11 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Dob & Dob v. HalseyNew York Supreme Court · 1819
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- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. United StatesCourt of Appeals for the Second Circuit · 1906
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