Oneida County Bank v. Lewis
New York Supreme Court
In this action recovery is sought against the above-named defendant as maker and indorser of a certain promissory note. After the -action was commenced the note in question was taken up by one Grossman, another indorser, and the action is now really being prosecuted by him in the name of the bank.
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In this action recovery is sought against the above-named defendant as maker and indorser of a certain promissory note. After the -action was commenced the note in question was taken up by one Grossman, another indorser, and the action is now really being prosecuted by him in the name of the bank. It is urged by way of defense that the action is not being prosecuted in the name of the proper and real party in interest; that said Lewis -as maker was liable jointly -upon said note with another and has been released by entry of judgment against said other; that as indorser he is subsequent to…
1Opinion of the CourtHiscock, J.
The note in question is the last of two or more renewals. At the time the original note of the series was made the defendant Lewis and one Gardner were copartners and the proceeds of the original 'note, when discounted by the plaintiff, were placed to their credit as such. All of the notes were in the same form and were made and indorsed respectively by the same parties as the present one. When suit was commenced by the plaintiff service was not obtained upon the present defendant and Grossman. An order was made providing that the action be severed and that the plaintiff might proceed against…
2Cases cited4 opinions
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
- Candee v. . SmithNew York Court of Appeals · 1883
- Concord Granite Co. v. FrenchNew York Court of Common Pleas · 1883
- O'Hanlon v. ScottNew York Supreme Court · 1895
3Cited by3 opinions
- Ferdon v. Zarriello Bros. Inc.New Jersey Superior Court Appellate Division · 1965
- Ferdon v. Zarriello Bros.New Jersey Superior Court Appellate Division · 1965
- Oneida County Bank v. LewisAppellate Division of the Supreme Court of the State of New York · 1898