Third National Bank of Malone v. Shields
New York Supreme Court
Appeal from special term, Franklin county. Action by the Third National Bank of Malone against Patrick H. Shields and Daniel Shane on three promissory notes, made by Lyman J. Folsom, and indorsed for his accommodation by the defendants Shields and Shane, and discounted for Folsom by the plaintiff. The plaintiff knew that the defendants were accommodation indorsers.
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Appeal from special term, Franklin county. Action by the Third National Bank of Malone against Patrick H. Shields and Daniel Shane on three promissory notes, made by Lyman J. Folsom, and indorsed for his accommodation by the defendants Shields and Shane, and discounted for Folsom by the plaintiff. The plaintiff knew that the defendants were accommodation indorsers. The notes were given at different dates in October, 1886, and the last one fell due February 28,1887. Default was made in payment of all the notes, of which the indorsers had due notice. Folsom died March 1, 1887. In November,…
1Opinion of the CourtLandon, J.
The action was tried at special term without a jury. The appellant insists that the defendants seasonably demanded a jury trial, and refused to waive it. This presents a question of fact respecting which the case settled by the learned trial judge must be deemed conclusive. The case was upon the calendar of the Franklin circuit in March, 1888, and the plaintiff pressed it for trial. The defendants objected, and finally consented that, if it *300might go over, it should be tried at the special term to be held in the county in May following, and it was thereupon so ordered, and in pursuance of such…
2Cases cited8 opinions
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Shutts v. . FingarNew York Court of Appeals · 1885
- Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872
- Grow v. . GarlockNew York Court of Appeals · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alfred University v. FraceAppellate Division of the Supreme Court of the State of New York · 1920
- Sterne v. TalbottNew York Supreme Court · 1895
- Westchester Mortgage Co. v. Thomas B. McIntire, Inc.Appellate Division of the Supreme Court of the State of New York · 1916
- Denny v. SeeleyOregon Supreme Court · 1899
- Jenkins v. SmithNew York Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.