Legal Opinion

Farmers & Merchants' Bank v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901PublishedCited by 4 opinions

Appeal by the plaintiff, the Farmers and Merchants’ Bank, from a judgment of the Supreme Court in favor of the defendant Alice Pomeroy Smith, individually and as sole executrix and trustee under the last will and testament of Lewis M. Smith, deceased, entered in the office of the clerk of the county of Chemung on the 15th day of February, 1900, upon the decision of the court rendered after a trial at the Chemung Special Term.

1Opinion of the Court

Edwards, J.:

On December 18,1891, John McNaney made his promissory note for $3,406.85, dated at Elmira, N. Y., payable four months after date to the order of himself at the Farmers and Mechanics’ Bank, with interest. This note, indorsed hy the maker and also by E. J. McNaney and by John H. McNaney, was thereupon discounted for the maker by the Farmers and Mechanics’ Bank, and was thereafter and before maturity indorsed by Lewis M. Smith and by him, for value, delivered to and rediscounted by the plaintiff. The note was renewed from time to time until January 24, 1898, when the last note in…

2Cases cited2 opinions

  1. Horn v. . KeteltasNew York Court of Appeals · 1871
  2. Ensign v. . EnsignNew York Court of Appeals · 1890

3Cited by4 opinions

  1. In the Matter of 716 Third Avenue Holding Corp., Bankrupt. Jeremiah F. Cross, Trustee-Appellant v. A.G v. Associates, Inc.Court of Appeals for the Second Circuit · 1964
  2. Bascombe v. MarshallAppellate Division of the Supreme Court of the State of New York · 1908
  3. Chase National Bank v. ToverAppellate Division of the Supreme Court of the State of New York · 1935
  4. Nichols v. NicholsNew York Supreme Court · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API