Weston v. Citizens' National Bank of Corry
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Cattaraugus County. Suit by Charles Weston against the Citizens’ .National Bank of Corry, Pa. From a judgment for plaintiff, defendant appeals. Reversed. This is an action in equity, and was commenced on the 10th day of September, 1900, to perpetually restrain the prosecution of an action at law pending in the Supreme Court, originally brought by the defendant against the plaintiff’s testator and others.
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Appeal from Trial Term, Cattaraugus County. Suit by Charles Weston against the Citizens’ .National Bank of Corry, Pa. From a judgment for plaintiff, defendant appeals. Reversed. This is an action in equity, and was commenced on the 10th day of September, 1900, to perpetually restrain the prosecution of an action at law pending in the Supreme Court, originally brought by the defendant against the plaintiff’s testator and others. The judgment granted the relief asked for, and from it this appeal is taken.
1Opinion of the CourtMcLENNAN, P. J.
The facts are not in dispute. The appellant is a national bank having its place of business in Corry, Pa. For many years prior to January 5, 1892, Abijah Weston, Orrin Weston, and William W. Weston were extensively engaged in the lumber business as copartners under the firm name of Weston Bros. On the 6th day of December, 1891, William W. Weston assumed to make the promissory note of said firm for $3,179.27, payable to the order of one G. E. Ramsey, and signed it, “Weston Brothers.” The note was indorsed by the payee, by S. S. Ramsey, and by W. H. & D. C. Conklin, who were also copartners,…
2Cases cited9 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Candee v. . SmithNew York Court of Appeals · 1883
- Fisher v. . GouldNew York Court of Appeals · 1880
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