Smith v. . Poillon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 23 Hun, 528.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 23 Hun, 528.) The nature of the action and the material facts are stated in the opinion. The office of the McNeal Coal and Iron Company being specified in the note as the place of payment, proof of presentment and demand at such office was a condition precedent to any liability of these defendants as…
1Opinion of the CourtEarl, J.
This action was brought to recover of the defendants as indorsers upon a promissory note, made in the city of Hew York by the McHeal Coal and Iron Company February 28, 1870, payable to their order three years after date, at the office of the company.
It was alleged in the complaint that the company, a Pennsylvania corporation, had an office in the city of New York at the date of the .note, and that the note was payable at such office, and these allegations were expressly admitted in the answer.
The defendants defended the action upon two grounds: (1) That the note was not properly presented for…
2Cases cited8 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
- Mead v. EngsNew York Supreme Court · 1826
- Holmes v. . HolmesNew York Court of Appeals · 1854
- Foster v. . JulienNew York Court of Appeals · 1861
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3Cited by6 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Commonwealth Fuel Co. v. Powpit Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Schlesinger v. SchultzAppellate Division of the Supreme Court of the State of New York · 1905
- Kelly v. TheissAppellate Division of the Supreme Court of the State of New York · 1901
- Gilman v. First Nat. BankNew York Supreme Court · 1892
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