East River Bank v. Kennedy
New York Court of Appeals
This action was brought in the Superior Court of the city of New York, to recover from the defendant the sum of $400, which remained unpaid upon a note for $800, made by one Billings, and indorsed by the defendant to the plaintiff, which was protested for non-payment. After notice of non-payment the note was, by the'request of the defendant, and for his accommodation, put in suit against Billings, the maker.
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This action was brought in the Superior Court of the city of New York, to recover from the defendant the sum of $400, which remained unpaid upon a note for $800, made by one Billings, and indorsed by the defendant to the plaintiff, which was protested for non-payment. After notice of non-payment the note was, by the'request of the defendant, and for his accommodation, put in suit against Billings, the maker. The defendant, Kennedy, conferred frequently with the attorney while it was pending, and the maker, Billings, before it was brought to trial, proposed to pay $400 thereon and give a new…
1Opinion of the CourtWoodruff, J.
A doubt was suggested on the argument of this appeal, whether, inasmuch as the order of reversal herein made in the Superior Court at General Term, does not state that such reversal was ordered upon questions of fact, any questions could be considered in this court except such questions of law as were raised by exceptions taken on the trial. And, on that suggestion, the counsel for the respondent moved the court to permit the case to stand over, to enable him to procure an amendment of the order of reversal in the court below, so that it might appear by the record that the reversal was upon…
2Cited by6 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- McEteere v. LittleNew York Court of Common Pleas · 1878
- Sands v. . CrookeNew York Court of Appeals · 1871
- Dickson v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1872
- Prosser v. First National BankNew York Court of Appeals · 1887
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