Allerton v. . Belden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a a judgment overruling demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a a judgment overruling demurrer to plaintiff’s complaint. (Reported below, 3 Bans., 492.) The complaint alleges, in substance, that the plaintiff • indorsed the note of the defendants, Freeman & Son, for $6,000, for their accommodation, and to assist them in procuring a loan from defendant Belden; that he received, as security against loss or damage by reason of such indorsement, from Freeman & Son, an assignment of a lease and a chattel mortgage; that after being indorsed, said note was…
1Opinion of the CourtRapallo, J.
The facts alleged in the complaint show that the plaintiff was an accommodation indorser of the note in question. The allegation is in substance that E. D. Freeman & Son applied to him to aid and assist them in procuring the loan from Belden, and offered that if he would unite with them in procuring the loan by indorsing the nop, they would give Mm a chattel mortgage as indemnity, and that he consented to do so. The money advanced by Belden on the note is alleged to have been paid by him to or for the use of E. D. Freeman & Son.. On these facts the plaintiff was not a principal in the…
2Cases cited6 opinions
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Perrine v. StrikerNew York Court of Chancery · 1839
- Livingston v. HarrisNew York Court of Chancery · 1831
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Minturn v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Halsey v. WinantNew York Court of Appeals · 1932
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Hubbard v. TodSupreme Court of the United States · 1898
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Plitt v. KaufmanCourt of Appeals of Maryland · 1947
28 more not listed; retrieve them via the Exa API.