Schlesinger v. Schultz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo Sohlesinger, as receiver of tlie Federal Bank of New York, from a judgment of the Supreme Court in favor of the defendant Schultz, entered in the office of the clerk of the county of New York on the 12th day of July, 1905, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case after a trial at the 'New York Trial Term. ; <
1Opinion of the Court
Laughlin, J.:
The action is against the maker and indorser of a promissory note dated the 23d day of June, 1903, payable to the order of the maker — the defendant Carraway—“on demand after date,” at the “Equitable National Bank of New York, with interest.” The note was indorsed by the defendant Schultz and discounted for the maker by the Federal Bank on the 3d day of July, 1903. The indorser only was served and appeared in the action. He defended and his counsel seeks to sustain the judgment upon the grounds, jk'st, that it was nót shown that the note was presented for payment during banking…
2Cases cited4 opinions
- Crim v. . StarkweatherNew York Court of Appeals · 1882
- De Wolf v. MurrayThe Superior Court of New York City · 1848
- Smith v. . PoillonNew York Court of Appeals · 1882
- Hardon v. DixonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
- Johnson v. LearieSupreme Court of Vermont · 1927
- Wood v. RoeSupreme Court of Iowa · 1927
- Dougherty v. ShanklandSupreme Court of Iowa · 1933