Cuming v. Roderick
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Mari A. Cuming against George W. Roderick. From a judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtPatterson, J.
This case comes up on an appeal by the defendant, Roderick, from a judgment in favor of the plaintiff in an action upon a promissory note, of which the appellant was the indorser and the plaintiff the payee. The action has been twice tried. On. the first trial the complaint was dismissed for insufficiency of proof. On the appeal from the judgment entered upon that dismissal we held (16 App. Div. 339, 44 N. Y. Supp. 1033) that there was some evidence to go to the jury of the note having been indorsed by Roderick to give Carpenter, the maker, credit with Cuming, the payee. Whatever doubt may…
2Cases cited4 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1857
- Bacon v. . HannaNew York Court of Appeals · 1893
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1897
- Cumming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Century Bank v. BreitbartNew York Supreme Court · 1915
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1899
- Howard v. Van GiesonAppellate Division of the Supreme Court of the State of New York · 1899
- McGrath v. FrancoliniNew York Supreme Court · 1915