Field v. Sibley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard C. Sibley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 11th day of June, 1901, upon the decision of the court rendered after a trial at the Queens County Special Term.
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Appeal by the defendant, Richard C. Sibley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 11th day of June, 1901, upon the decision of the court rendered after a trial at the Queens County Special Term. This action was brought to recover upon a promissory note made by the defendant to the plaintiff’s testator, which note was secured by a quantity of the mortgage bonds of a corporation and was, by its terms, made payable “ on demand, and upon return of securities given.” The defendant as a defense and…
1Opinion of the Court
Jenks, J.:
Action lies against the maker of a demand note without preliminary demand. (Parker v. Stroud, 98 N. Y. 379, 383; Cottle v. Marine Bank of Buffalo, 166 id. 53.) I see no reason why the. fact that the note was accompanied by collateral which, related solely, to it should vary the rule. For, if the fair implication was that the collateral should be surrendered at the same time the’ note was. delivered up, and the right of the maker to receive the collateral and the note “ stood upon the same footing,” as ..was said in Ocean National Bank of N. Y. v. Fant (50 N. Y. 474), then it follows…
2Cases cited16 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Chicago & Great Western Railroad Land Co. v. PeckIllinois Supreme Court · 1885
- Batchelder v. Council Grove Water Co.New York Court of Appeals · 1892
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3Cited by18 opinions
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
- National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Mercantile Factors Corp. v. Warner Bros. Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- State v. PateSupreme Court of Missouri · 1916
- D. S. Stern & Co. v. PizitzAppellate Division of the Supreme Court of the State of New York · 1934
13 more not listed; retrieve them via the Exa API.