Pittsburgh-Westmoreland Coal Co. v. . Kerr
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. 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 Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The equities of William B. Kerr as an accommodation indorser are at least equal to the equities of the plaintiff, and in case of equal equities, subrogation is not allowed. (Strickland v. Magoun, 119 App. Div. 117; Title G. & T. Co. v. Haven, 196 N. Y. 487; 214 N. Y. 468;…
1DissentCrane, J.
On the 2d day of October, 1911, John K. Kerr made his promissory note for $2,500 to William B. Kerr, which was thereafter indorsed by the payee to enable the maker to obtain credit thereon. William B. Kerr was an accommodation indorser. The note was discounted for the maker and became due on October 23d, 1911, to the Third National Bank at its offices in Buffalo, N. T. Not being paid, the note was protested arid notice of dishonor mailed to the indorser on the day of payment. On October 24th, 1911, the note was paid by the maker, John K. Kerr, and deliv ered over to him by the hank on the…
2Cases cited9 opinions
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
- National Park Bank v. . KoehlerNew York Court of Appeals · 1912
- Shutts v. . FingarNew York Court of Appeals · 1885
- Lancey v. . ClarkNew York Court of Appeals · 1876
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