Robert Gere Bank v. Inman
New York Supreme Court
Appeal from special term, Onondaga county. Action by the Robert Gere Bank, as indorsee of a promissory note, against Horace Inman and the Onondaga Iron Company. From an order denying a motion to strike out defendant Inman’s answer as sham, plaintiff appeals.
1Opinion of the CourtFollett, J.
Appeal from an order of the special term, denying plaintiff’s motion for judgment on the grounds (1) that the respondent’s answer is sham, (Code Civil Proc. § 538;) (2) that it is frivolous, (Id. § 537.) The action is brought by the indorsee of a promissory note, payable to order, against the maker, Horace Inman, and the indorser, the Onondaga Iron Company. The maker alone defends. The complaint is in the ordinary form in an action by an indorsee against the maker and indorser of a promissory note, transferred for value before due. The answer contains simply a denial of any knowledge or…
2Cases cited17 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- The People v. . McCumberNew York Court of Appeals · 1858
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
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3Cited by9 opinions
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Albany County Bank v. RiderNew York Supreme Court · 1893
- Central Bank v. TheinNew York Supreme Court · 1894
- Loranger v. Big Missouri Mining Co.South Dakota Supreme Court · 1895
- Zivi v. EinsteinNew York Court of Common Pleas · 1893
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