Lake v. Artisans' Bank
New York Court of Appeals
Jarvis W. Lake sued the Artisans’ Bank, in the supreme court, to recover an amount which plaintiff had paid as indorser of a note held by the bank. Plaintiff testified on his own behalf, that he had a note made by one Lebbeus Stetson, payable to his (Stetson’s) own order, which was indorsed by him, by one Bates, and by plaintiff, and was discounted by the defendants’ bank before maturity, and the proceeds passed to plaintiff’s credit in the bank.
Read the full summary
Jarvis W. Lake sued the Artisans’ Bank, in the supreme court, to recover an amount which plaintiff had paid as indorser of a note held by the bank. Plaintiff testified on his own behalf, that he had a note made by one Lebbeus Stetson, payable to his (Stetson’s) own order, which was indorsed by him, by one Bates, and by plaintiff, and was discounted by the defendants’ bank before maturity, and the proceeds passed to plaintiff’s credit in the bank. That, more than a fortnight after the maturity of the note, plaintiff was informed by the cashier that the note, which was payable in Boston, had…
1Opinion of the Court
By the Court.
— J. M. Parees,
J. — This aetioh was tried at the circuit, before the court and a jury; and, upon plaintiff’s resting his cause, the court, upon the defendant’s motion, *13dismissed the complaint, to which the counsel for the plaintiff excepted, and the judge ordered the exception to be heard, in the first instance, at the general term.
I think the general term of the supreme court was right in regarding the case as properly before it for decision. The exception was one taken upon the trial, and is, I think, within the class of exceptions mentioned in section 265 of the Code, which…
2Cases cited4 opinions
- Wheadon v. OldsNew York Supreme Court · 1838
- Chester v. . the Bank of KingstonNew York Court of Appeals · 1857
- Waite v. LeggettNew York Supreme Court · 1828
- Coit v. BeardNew York Supreme Court · 1861
3Cited by2 opinions
- Martin v. . Home BankNew York Court of Appeals · 1899
- Martin v. Home BankAppellate Division of the Supreme Court of the State of New York · 1898