McCormick v. Shea
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of New York, entered in favor of the defendant upon the verdict of a jury, and also from an order denying plaintiff’s motion for a new trial.
1Opinion of the CourtGildersleeve, J.
The action is on a promissory note against the defendant Thomas J. Shea, as maker, and defendant Annie A. Shea, as indorser. Said Thomas J. Shea, the maker, does not defend the action. There is a very sharp conflict of evidence as to the facts, and the jury found for the defendant. Plaintiff appeals. It is conceded that, before maturity, the indorsement of said Annie A. Shea was canceled. This was done by a representative of defendant’s attorney who scratched out the indorser’s name in the presence of plaintiff. The parties were negotiating with respect to claims of each against the other,…
2Cases cited3 opinions
- Larkin v. . HardenbrookNew York Court of Appeals · 1882
- Schwartzman v. PostAppellate Division of the Supreme Court of the State of New York · 1904
- Clinton v. FrearAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Helman v. StrongNorth Dakota Supreme Court · 1916