Roessle v. Lancaster
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Frederick J. Lancaster, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of February, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
Upon the first trial of this action the court directed a verdict for the plaintiff upon the pleadings and the defendant’s opening. The judgment entered thereon was reversed (119 App. Div. 368). The nature of the action is stated in the opinion on that appeal, and it is not necessary to restate it here. We there held that as the defendant was sued as an indorser upon a promissory note, the defendant’s contract with .the plaintiff was in effect that of a surety for the maker of the note, which was quite distinct from the contract of the maker, and that in an action against the…
2Cases cited2 opinions
- Coulter v. . RichmondNew York Court of Appeals · 1875
- Roessle v. LancasterAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Lightner v. RoachCourt of Appeals of Maryland · 1915
- Roessle v. LancasterAppellate Division of the Supreme Court of the State of New York · 1910