Union National Bank v. Leary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Union National Bank of Lewisburg, Pennsylvania, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of March, 1902, upon the dismissal of the complaint at the close of the plaintiff’s evidence on a trial at the New York Trial Term.
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Appeal by the plaintiff, The Union National Bank of Lewisburg, Pennsylvania, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of March, 1902, upon the dismissal of the complaint at the close of the plaintiff’s evidence on a trial at the New York Trial Term. The action was originally brought against James D. Leary, but he having died during the pendency of the action, his administratrix was substituted as defendant in his stead.
1Opinion of the Court
Hatch, J. :
The plaintiff brought this action to charge James D. Leary, deceased, with liability as a guarantor of payment of a certain promissory note, bearing date March 6, 1897, given by the John Good Cordage and Machine Company to John Good, and indorsed by the latter to the plaintiff in the action.
After judgment was rendered herein and on the 15th day of July, 1902, this action was revived and the above-named defendant, Mary C. Leary, as administratrix of James D. Leary, deceased, substituted in the place and stead of said defendant James D. Leary, who had theretofore died.
*334It is averred…
2Cases cited8 opinions
- Strong v. . SheffieldNew York Court of Appeals · 1895
- Church v. . BrownNew York Court of Appeals · 1860
- Barney v. . ForbesNew York Court of Appeals · 1890
- Coe v. . ToughNew York Court of Appeals · 1889
- Bradt v. . KrankNew York Court of Appeals · 1900
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3Cited by5 opinions
- Seymour v. . WarrenNew York Court of Appeals · 1904
- Winne v. MehrbachAppellate Division of the Supreme Court of the State of New York · 1909
- Johnson & Higgins v. Harper Transp. Co.District Court, D. Massachusetts · 1915
- Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1904
- Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1904