Utica City National Bank v. Penwarden
New York County Courts
This action was brought in the usual form to recover upon a promissory note alleged to have been made and discounted.by the defendants, as copartners, at plaintiff bank. Defendant Penwarden defaults.
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This action was brought in the usual form to recover upon a promissory note alleged to have been made and discounted.by the defendants, as copartners, at plaintiff bank. Defendant Penwarden defaults. The answer of defendant Fox admits the making and discounting of the note, but sets up as a defense that prior to the commencement of this action the plaintiff had commenced an action against his codefendant Penwarden “ which action was founded upon the same note set forth in the complaint herein and was for the collection of the same amount of money; ” that plaintiff obtained a judgment therein…
1Opinion of the CourtHazard, J.
The' judgment roll, offered in evidence by defendant and received, shows that this plaintiff has, as is claimed by the answering defendant, brought an action against his co-defendant herein and former partner, and that a judgment was taken therein. There can hardly be room for doubt but that the indebtedness upon which that action was founded and upon which this one is founded is identical. This is practically admitted by the plaintiff herein, who claims however that that judgment is not a bar to this action. An examination of the judgment roll in the former action, which was received in…
2Cases cited9 opinions
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- New York Land Improvement Co. v. ChapmanNew York Court of Appeals · 1890
- Walden National Bank v. BirchNew York Court of Appeals · 1891
- Weston v. Citizens' National Bank of CorryAppellate Division of the Supreme Court of the State of New York · 1903
- Heckemann v. . YoungNew York Court of Appeals · 1892
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3Cited by3 opinions
- Norwich Union Indemnity Co. v. WilsonCourt of Appeals of Texas · 1929
- Liston v. HicksAppellate Division of the Supreme Court of the State of New York · 1935
- Claim of Tate v. Estate of DickensAppellate Division of the Supreme Court of the State of New York · 1949