Cobb v. Titus
New York Supreme Court
This action was brought against the defendant Orrin W. Titus, together with Francis P. Viele and Robert Titus, as the makers and indorser of a promisory note. Viele suffered judgment by default, and judgment passed in favor of the indorser Robert Titus, and against the defendant as one of the makers, upon the report of a referee. The defendant appealed from the judgment against him to this court.
1Opinion of the Court
By the Court, W. F. Allen, J.
The action was brought upon a promissory note in the words following: “ For value received I promise to pay Robert Titus or bearer one hundred and ten dollars at the Onondaga County Bank by the first day of September next with use.
Francis P. Viele.
O. W. Titus, security.” Indorsed “ Robert Titus.”
The note was given by Viele to Robert Titus in exchange for his note of the same date and amount, and the exchange was made to enable the payees respectively to raise money. The payee of this note applied to the plaintiff to purchase the same, who agreed to do so if he…
2Cases cited5 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Dowe v. SchuttNew York Supreme Court · 1846
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Brown v. MottNew York Supreme Court · 1811
- Rice v. MatherNew York Supreme Court · 1829
3Cited by5 opinions
- Burton v. BakerNew York Supreme Court · 1857
- Cobb v. TitusNew York Court of Appeals · 1854
- Denick v. HubbardNew York Supreme Court · 1882
- Durant v. BantaSupreme Court of New Jersey · 1858
- Smith v. PatonThe Superior Court of New York City · 1860