Easterly v. . Barber
New York Court of Appeals
There were two appeals, in this case, the one by plaintiff from an order of the General Term of the Supreme Court in the fourth judicial department denying motion for a new trial and directing judgment on a verdict, the other by defendant from the judgment entered upon such order. The action was brought by plaintiff as third indorser of a promissory note to recover the amount thereof of the second indorser.
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There were two appeals, in this case, the one by plaintiff from an order of the General Term of the Supreme Court in the fourth judicial department denying motion for a new trial and directing judgment on a verdict, the other by defendant from the judgment entered upon such order. The action was brought by plaintiff as third indorser of a promissory note to recover the amount thereof of the second indorser. The note in question was made by the Stevenson Manufacturing Company, payable to the order of one Knight, who indorsed it. Defendant was second indorser, plaintiff third, and one…
1Opinion of the Court
Hiller, • J.
The first question presented upon‘these appeals is, whether it is competent in an action by one indorser against a prior indorser for the defendant to prove by paroi an agreement between all'the indorsers that they were, as between themselves, co-sureties "where they are accommodation indorsers. In Barry v. Rannsom (12 N. Y., 462) it was held that an agreement made between 'parties prior to or cotemporaneously with their executing' a written obligation as sureties, by which One promises to indemnify the other from loss, does not contradict or vary the terms dr legal effect "of the…
2Cases cited7 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- McDonald v. MagruderSupreme Court of the United States · 1830
- Griffith v. ReedNew York Supreme Court · 1839
- Mann v. . PentzNew York Court of Appeals · 1850
- Barry v. . RansomNew York Court of Appeals · 1855
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3Cited by26 opinions
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- George v. BaconAppellate Division of the Supreme Court of the State of New York · 1910
- Farwell v. EnsignMichigan Supreme Court · 1887
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