Legal Opinion

Carlaftes v. Goldmeyer Co.

Appellate Terms of the Supreme Court of New York

Decided May 15, 1911PublishedCited by 1 opinion

Appeal by defendant from a judgment in favor of plaintiff, entered in the Municipal Court of the city of Hew York, borough of Manhattan, first district, after a trial by a judge sitting without a jury.

1Opinion of the CourtBijur, J.

The plaintiff sued the defendant on an indorsement of a promissory note made by one Leonard to the order of the plaintiff. It is conceded that the defendant corporation was merely an accommodation indorser. Plaintiff’s claim that defendant was a guarantor as well as an indorser need not be considered, in face of the express provision of section 113 of the negotiable Instruments Law and -the fact that the indorsement is a bare unqualified indorsement.

*76It is not necessary to determine whether the learned trial judge was justified in believing that the defendant had received due notice of…

2Cases cited1 opinion

  1. Fox v. Rural Home Co.New York Supreme Court · 1895

3Cited by1 opinion

  1. Durbrow v. Swedish Iron & Steel Corp.Appellate Terms of the Supreme Court of New York · 1916

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