First National Bank of New Berlin v. Church
New York Supreme Court
Appeal from a judgment entered upon the report of a referee. The action was brought against the defendants, Cornelius A. Church, Otis B. Matterson and James A. Lynes, as indorsers of a promissory note for $2,000, at ninety days, and dated April 3, 1869. The defendants, by their answers, admitted the making and-indorsing of the note, but denied its due protest; set up payment in part, and an extension of the time of payment, without their consent, and claimed that they were…
Read the full summary
Appeal from a judgment entered upon the report of a referee. The action was brought against the defendants, Cornelius A. Church, Otis B. Matterson and James A. Lynes, as indorsers of a promissory note for $2,000, at ninety days, and dated April 3, 1869. The defendants, by their answers, admitted the making and-indorsing of the note, but denied its due protest; set up payment in part, and an extension of the time of payment, without their consent, and claimed that they were consequently discharged from liability. On the trial before the referee the plaintiff’s due organization was admitted, as…
1Opinion of the CourtBockes, J.
Had the defendants established the fact by competent evidence, that the time of payment of the note had been extended by a valid agreement between the plaintiff and the maker, or between the plaintiff and the first indorser, of course the defendants, who were subsequent indorsers, would have been discharged from liability thereon. Cary v. White, 52 N. Y. 138; Parmelee v. Thompson, 45 id. 58. On the evidence, however, the referee found against the defendants. He found that there was no valid agreement for the extension of payment of the note; and in this he was unquestionably right. The…
2Cases cited8 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Hale v. ParmleyTennessee Supreme Court · 1850
- Merritt v. SeamanNew York Supreme Court · 1849
- Booth v. . BunceNew York Court of Appeals · 1864
3 more not listed; retrieve them via the Exa API.