Smith v. Weston
New York Supreme Court
Appeal from special term, Erie county. Actions by William H. Smith against Orren Yves Ion, impleaded . with others, and by the First National Bank of Friendship against the same defendants. From an order in each case denying a motion to set aside a judgment taken by default, and for leave to answer, defendant Orren Weston appeals. Reversed.
1Opinion of the CourtDwight, P. J.
The action was to charge the defendants William W. Weston, Orren Weston, and Abijah Weston, as indorsers of a promissory note of $2,000, made by the firm of George Van Campen & Sons, payable to the order of J. K. Van Campen, and bearing, besides the indorsement of the payee, an indorsement in the firm name of <rWeston Brothers.” The complaint alleged that the firm so named was a copartnership consisting of the three defendants; that they indorsed the note in their firm name, and' that it was afterwards, and before maturity, duly transferred to •the plaintiff, for value. All the defendants…
2Cases cited3 opinions
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Brumskill v. . JamesNew York Court of Appeals · 1854
- Pruyn v. . BlackNew York Court of Appeals · 1860
3Cited by2 opinions
- First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
- Karon v. EisenAppellate Terms of the Supreme Court of New York · 1911