Commercial National Bank v. Zimmerman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1905, affirming a judgment in favor of defendant Zimmerman entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1905, affirming a judgment in favor of defendant Zimmerman entered upon a decision of the court on trial at Special Term. The plaintiff brought this action to foreclose a lien on certain bonds of a railroad company, which it had held as collateral security for the payment of a note- of the defendant, the Syracuse Construction Co., indorsed by Joseph Zimmerman, and to recover a judgment for any deficiency, arising upon the sale of the bonds, against Zimmerman’s estate. The…
1Opinion of the CourtGray, J.
The only question of importance, which this appeal presents, is of the correctness of the decision that the presentment of the note for payment had not been made by the plaintiff within a reasonable time. That must, necessarily, turn upon the effect of the enactment of the provisions of the Negotiable Instruments Law of 1897. (Laws of 1897, chap. 612.)- Section 131 of that law provides that, where the instrument “is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case-of a bill of exchange, presentment for payment will be sufficient if…
2Cases cited7 opinions
- Brown v. . CurtissNew York Court of Appeals · 1849
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Parker v. . StroudNew York Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
- National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of ParsonsNew York Surrogate's Court · 1932
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