McMullen v. . Rafferty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the March term, 1881, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 24 Hun, 363.) The nature of the action and the material facts are stated in v the opinion.
1Opinion of the CourtEabl, J.
This action was brought against the defendant as indorser of two promissory notes, precisely alike, written as follows:
“ITew York, 20th February, 1873. On demand I promise to pay Mr. James McMullen twelve hundred dollars for value received with interest from January 1, 1873 $1200.00. W. J. HUGHES. ”
The defendant’s name was written upon the back of each note, without any other words over it. The action was commenced February 24, 1879, more than six years after the date of the notes, and the trial judge held that they were barred by the statute of limitations at that time, and on that ground…
2Cases cited4 opinions
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Cromwell v. HewittNew York Court of Appeals · 1869
3Cited by59 opinions
- Phoenix Acquisition Corp. v. Campcore, Inc.New York Court of Appeals · 1993
- Persky v. Bank of America National Ass'nNew York Court of Appeals · 1933
- American Trading Co. v. FishNew York Court of Appeals · 1977
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Murdock v. . WatermanNew York Court of Appeals · 1895
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