Jefferson County National Bank v. Dewey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. 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 November 27, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to submit to the jury the question as to whether or not the payments made by the defendants Nettleton and Dewey were made in payment and discharge of the note in suit and not in recognition of or conceding any further liability. (Crow v. Gleason, 141 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought upon a. promissory note, made by the Eureka Chemical Company, for the sum of twenty-eight hundred dollars, payable four months after date to the order of the indorsers named therein, which note had been indorsed by the defendants and four other persons and transferred to the plaintiff. At the maturity of the note the same was duly protested and the indorsers were charged by giving them notice.
The facts are without substantial dispute, and are, in substance, as follows : At the time of the maturity of the note the maker, the Eureka Chemical Company, had become…
2Cases cited2 opinions
- Jefferson County National Bank v. . DeweyNew York Court of Appeals · 1905
- Jefferson County National Bank v. TownleyNew York Court of Appeals · 1899
3Cited by2 opinions
- Jaffee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- E. M. Pringle Naval Stores Co. v. CommissionerUnited States Board of Tax Appeals · 1931