Building Engineering Co. v. . Northern Bank
New York Court of Appeals
Appeal, pursuant to section 1336 of the Code of Civil Procedure, from, a final judgment, entered July 2, 1912, after the unanimous affirmance by the Appellate Division of the- Supreme Court in the first judicial department of an interlocutory judgment of Special Term granted in favor of plaintiff upon its motion for judgment in its favor upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, pursuant to section 1336 of the Code of Civil Procedure, from, a final judgment, entered July 2, 1912, after the unanimous affirmance by the Appellate Division of the- Supreme Court in the first judicial department of an interlocutory judgment of Special Term granted in favor of plaintiff upon its motion for judgment in its favor upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. Under the Negotiable Instruments Law an accommodation maker of a promissory note is primarily liable to a holder for value irrespective of the holder’s…
1Opinion of the CourtChase, J.
The defendant bank is a domestic banking corporation. It is insolvent and is now and has been-since December 27th, 1910, in the possession of the superintendent of banks of the state of New York under the provisions of section 19 of the Banking Law.
On November 30, 1910, two persons, for the accommodation of the plaintiff, made their promissory note for $20,000, payable three months from date to the order of the plaintiff. It was indorsed by the plaintiff and upon the same day discounted by the. defendant bank and placed to the credit of the plaintiff. The defendant bank knew at the time said…
2Cases cited8 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Winne v. . WinneNew York Court of Appeals · 1901
- Fera v. . WickhamNew York Court of Appeals · 1892
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- In Re the General Assignment of HatchNew York Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bank of United States v. BravemanNew York Court of Appeals · 1932
- Manufacturers Trust Co. v. SteinhardtNew York Court of Appeals · 1934
- Carwile, Rec'r v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1926
- Knaffle v. Knoxville Banking & Trust Co.Tennessee Supreme Court · 1913
- Carnegie Trust Co. v. KistlerAppellate Terms of the Supreme Court of New York · 1915
9 more not listed; retrieve them via the Exa API.