Kelly v. . Burroughs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 33 Hun, 349.) The complaint states that on the 30th of November, 1881, one Evans made and executed 'his promissory note, payable four months after date to the order of the defendant for $600; that the defendant indorsed the note; that so indorsed, and before maturity, the note was transferred to the plaintiff for value. It alleges presentment for payment,…
1Opinion of the CourtDanforth, J.
We think the appeal must fail. Conceding that both indorsers became so at the request, and for the accommodation of the maker, the defendant was still liable, as first indorser, to the plaintiff, as second indorser, and when the latter paid the amount of the note to the bank, and took it up, he became a holder for value, and entitled to indemnity from the defendant. Concerning the facts there was no dispute, and consequently no occasion to present them to the jury. The mere fact that the plaintiff, who testified to important particulars, was interested was unimportant in view of the fact that…
2Cases cited1 opinion
- Lomer v. . MeekerNew York Court of Appeals · 1862
3Cited by47 opinions
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- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
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