Niebergall v. A. B. A. Contracting & Supply Co.

Appeal from a judgment of the Supreme Court, Columbia County, dismissing appellants’ complaint after trial. Appellants seek to recover $10,000 from the respondent Merle, a prior indorser of a note which the decedent Harvey K. Niebergall, a subsequent indorser, redeemed during his lifetime. While " indorsers are liable prima facie in the order in which they indorse; " *' * evidence is admissible to show that as between or among themselves they have agreed otherwise.” (Negotiable Instruments Law, § 118, see, also, Uniform Commercial Code, § 3-414, subd. [2].) The trial court has found that…