Lee v. Larkin
Appellate Division of the Supreme Court of the State of New York
.1 Appeal by the plaintiffs, Stephen Lee and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of, the county of Saratoga on the 31st day of May, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiffs’ case, upon a trial at the Saratoga Trial Term, and also from an order entered in said clerk’s office on the 31st day of May, 1907, directing the dismissal of the complaint.
1Opinion of the Court
Kellogg, J.:
The plaintiff Lee and others, including the defendant, were makers of certain promissory notes. At the maturity of the notes the defendant refused to go on new notes or to pay his share of the liability, and the other makers gave their notes to the banks holding the original notes, the original notes being returned to them in exchange for the new note. They informed the banks that the defendant would not go on new notes and asked if they would arrange it to carry the notes along by paying the interest and something upon them. The banks assented and the transaction took place as…
2Cases cited7 opinions
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- Bates v. . RosekransNew York Court of Appeals · 1867
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Claflin v. . OstromNew York Court of Appeals · 1874
- First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- Hillas v. FullerNew York Supreme Court · 1913
- Siegel v. CobertCity of New York Municipal Court · 1939