Glendening v. Canary
New York Court of Common Pleas
Appeal from a judgment of this court, entered on the verdict of a- jury, and also from an order denying a new trial on the ground of surprise. The action was against the defendants, as indorsers of a promissory note, and their ground of defense was, that the note had not been duly demanded, and notice of the demand and refusal to pay given to them.
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Appeal from a judgment of this court, entered on the verdict of a- jury, and also from an order denying a new trial on the ground of surprise. The action was against the defendants, as indorsers of a promissory note, and their ground of defense was, that the note had not been duly demanded, and notice of the demand and refusal to pay given to them. On the trial, it appeared that the note had not been presented for payment on the day it became due, but had afterwards been presented, and payment refused, and evidence was given on the part of the plaintiff, that subsequently the defendants, with…
1Opinion of the CourtRobinson, J.
The action being against these defendants as indorsers of a promissory note, due February, 1871, and payable at the Tenth National Bank, which was not presented for payment when it became due, it became incumbent on the plaintiffs to fully maintain and prove the subsequent alleged promise of the defendants to pay the note, and also that such promise was made with full knowledge of the laches of the holders. The testimony adduced on the part of the plaintiffs, which the jury have credited, was sufficient to establish such promise after full knowledge or notice expressly given. A witness,…
2Cases cited4 opinions
- United States v. PerezSupreme Court of the United States · 1824
- People v. OlcottNew York Supreme Court · 1801
- People v. EllisNew York Supreme Court · 1836
- People ex rel. Perkins v. Judges of the Court of C. P.New York Supreme Court · 1828
3Cited by6 opinions
- Dixson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Hapgoods v. LuschAppellate Division of the Supreme Court of the State of New York · 1907
- Rubenfeld v. RabinerAppellate Division of the Supreme Court of the State of New York · 1898
- Wabash Railroad v. McCormickIndiana Court of Appeals · 1899
- In re the Probate of the Will of TaylorAppellate Division of the Supreme Court of the State of New York · 1947
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