Kelly v. Theiss
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Bridget M. Kelly against Alice M. Theiss and another. From a judgment in favor of defendants, and from an order dismissing the complaint, plaintiff appeals. Appeal from the order dismissed.
1Opinion of the CourtO’Brien, J.
There is no practice which sanctions an appeal from the order, and it may therefore be dismissed; the questions to be considered arising upon the appeal from the judgment.
In this action it was sought to charge the defendants as indorsers of a promissory note, and the facts connected with the making and delivery thereof, having been stated upon the former appeal (Kelly v. Theiss, 65 App. Div. 146, 72 N. Y. Supp. 467), need not be here repeated. The sole question presented is whether or not, under the complaint, the plaintiff may prove the giving of. oral notice of dishonor to defendants…
2Cases cited3 opinions
- Cuyler v. StevensNew York Supreme Court · 1830
- Woodin v. FosterNew York Supreme Court · 1853
- Kelly v. TheissAppellate Division of the Supreme Court of the State of New York · 1901