Ford v. Binghamton Hydraulic Power Co.
New York Supreme Court
Appeal from special term, Broome county. Action by William L. Ford against the Binghamton Hydraulic Power Company to recover for payment, as accommodation indorser, of two promissory notes. On taking the default of defendant, judgment was entered for plaintiff, and defendant appeals.
1Opinion of the CourtMartin, J.
The appellant, a domestic corporation, made two promissory notes, payable to its order, which were indorsed by the respondent for the ac*715commodation of the appellant. When due, they were not paid. After protest, and notice to respondent of non-payment and protest, he paid and took up the notes, and brought an action against the appellant to recover the amount thereof. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Eo copy of an order of a judge directing that the issues raised by the demurrer should be tried, was…
2Cases cited3 opinions
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- N.Y.L. Ins. Co. v. . Universal L. Ins. Co.New York Court of Appeals · 1882
- Storer v. Times Print. & Pub. Co.New York Supreme Court · 1889