Legal Opinion

McGrath v. Francolini

City of New York Municipal Court

Decided November 15, 1915Published

Action against the defendant Joseph N. Francolini as indorser of a note of the Halley Land and Improvement Company for $1,150. Verdict directed for the plaintiff, subject to the opinion of the court upon the question of law. Motion to set aside.

1Opinion of the CourtRansom, J.

Determination of this cause hinges upon the single question of the sufficiency of the steps taken to give the defendant Joseph N. Francolini notice of the non-payment of the note which he had indorsed. The instrument was made and dated in New *361York city, and was payable at a bank within Manhattan borough. On April 12,1913, it matured. The defendant Francolini on that date resided at No. 2A West One Hundred and Seventh street, and had his place of business at No. 64 Spring street, both within the borough of Manhattan, comprising territory served by the “New York City” post-office. In indorsing…

2Cases cited15 opinions

  1. Gawtry v. . DoaneNew York Court of Appeals · 1872
  2. Birdsall v. . PattersonNew York Court of Appeals · 1872
  3. Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
  4. Union Bank of Brooklyn v. DeshelAppellate Division of the Supreme Court of the State of New York · 1910
  5. University Press, John Wilson & Son, Inc. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1900

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