Clark v. Tryon
New York Court of Common Pleas
Appeal from city court, general term. Action by Bernard S. Clark against Frank Tryon and others on a promissory note, on which defendant Tryon was indorser. From a judgment of the general term of the city court (21 37. Y. Supp. 1075) reversing a judgment for plaintiff entered on a verdict, plaintiff appeals.
1Opinion of the CourtBookstaver, J.
This action was brought against defendant, ■as indorsee upon a promissory note made by C. B. Keogh & Co., and the complaint averred presentment, demand for and non payment, due protest, and notice to the defendant. The answer, with affidavit in due form, puts in issue the failure to protest, and notify the defendant, as indorsee, of the presentment and refusal to pay. On the trial the plaintiff gave no direct evidence of actual presentation, protest, and notice of dishonor, but in place thereof introduced a letter written by the defendant to the Kentucky Union Lumber Company, his indorsee, in…
2Cases cited21 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Hays v. . HathornNew York Court of Appeals · 1878
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Lyman v. President of the Bank of the United StatesSupreme Court of the United States · 1852
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3Cited by5 opinions
- Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898
- C. B. Keogh Manufacturing Co. v. EisenbergNew York Court of Common Pleas · 1894
- Harral v. SternbergerCity of New York Municipal Court · 1896
- Moore v. AlexanderNew York Supreme Court · 1901
- Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898