Youngs v. Perry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Biershenk Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 20th day of February, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Goodrich, P. J.:
The complaint sets out the making of a note to the order of the defendant corporation, and that the defendant duly indorsed it-to the plaintiffs by the words, “ Pay W. P. Youngs & Brothers, Biershenk Co.” The defendant demurred on the ground that the complaint does not state facts sufficient to constitute a cause of action. The court overruled the demurrer and' from the judgment entered thereon the defendant appeals.
There is but one point raised on this appeal, that the form of the indorsement by the defendant corporation, to wit, “ Biershenk Co.,” without the addition of the…
2Cases cited5 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Hunter v. GiddingsMassachusetts Supreme Judicial Court · 1867
- Gay v. Paine & PaineNew York Supreme Court · 1850
- Adams v. SherrillNew York Supreme Court · 1856
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