Hayward v. Empire State Sugar Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas J. Hayward and another, from a judgment of the Supreme Court in favor of the defendant Orlando F. Thomas, entered in the office of the clerk of the county of Wayne on the 6th day of January, 1905, upon the decision of the court, rendered after a trial at the Wayne Trial Term, a jury having been waived, dismissing the complaint as to the said defendant, Orlando F. Thomas.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs.
The action was upon a promissory note made by the defendant sugar company and indorsed by the defendant Thomas. The defense was that Thomas had been released from liability by failure to present and demand payment from the maker of a note given in renewal of the note in suit.
The facts were all conceded and were, briefly, as follows: The note in suit was given March 17, 1902, for $5,469.73, payable at six months to plaintiffs’ order at the Bank of Wayne, Lyons, FT. Y., with interest. The consideration of the note was the balance…
2Cases cited4 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Cook v. . WarrenNew York Court of Appeals · 1882
- First National Bank of Friendship v. WestonAppellate Division of the Supreme Court of the State of New York · 1898
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