National Bank of Rondout v. Byrnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas F.. Byrnes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on -the 21st day of October, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office oh the 17th day of October, 1902, denying the said defendant’s motion for .a new trial made upon.the minutes. ■
1Opinion of the Court
Parker, P. J.:
If, at the time the note was delivered, the bank agreed with Sweeney that it should be held only as the note of Sweeney & Son, and that it should be paid from the collateral security which such bank then held from such firm, then the defendant Byrnes could not be held liable thereon in this action. The trial court so charged without objection, and it, therefore, became the law of this case.
Sweeney testified that the cashier so agreed when he received from him the note in suit. The cashier squarely denied that he so agreed, and testified in effect that he received it as a note…
2Cases cited1 opinion
- Merchants' National Bank v. ClarkNew York Court of Appeals · 1893
3Cited by3 opinions
- Donnelly v. Younglove Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Wagner v. H. Clausen & Son Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Arnold v. Rockland Lake Trap Rock Co.Appellate Division of the Supreme Court of the State of New York · 1908