Chemical National Bank v. Kellogg
New York Court of Appeals
Appeal from a judgment of the Appellate Division of tlie Supreme Court in the first judicial department, entered Hovember 30, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of tlie Supreme Court in the first judicial department, entered Hovember 30, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This' action was brought upon a promissory note, of which the following is a copy : “$1,500. Hew York, June 'Ith, 1898. “Four months after dato I promise to pay to the order of myself Fifteen Hundred Dollars at Ho. 4 Warren Street, Hew York. Value received.” ' (Signed) “ D. M. KELLOGG.” . (Indorsed) “ D. M. KELLOGG. “ AMY H. KELLOGG.” The defendant is…
1Opinion of the CourtVann, J.
Each indorsement of a promissory note is a separate contract, standing apart from that made by the maker or any other indorser. (Spies v. National City Bank, 174 N. Y. 222, 225.) The validity of a contract of indorsement is ordinarily determined by the law of the place where the indorsement is made. (Union National Bank v. Chapman, 169 N. Y. 538, 543.)
As the note in question was indorsed by the defendant in the state of Hew. Jersey where she resided, under ordinary circumstances she would not be liable thereon, because the laws of that state do not permit a married woman to become a simple…
2Cases cited7 opinions
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Smith v. . WestonNew York Court of Appeals · 1899
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Spies v. . National City BankNew York Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re SchaeferNew York Court of Appeals · 1966
- Zielinski v. Philadelphia Piers, Inc.District Court, E.D. Pennsylvania · 1956
- Manufacturers' Commercial Co. v. BlitzAppellate Division of the Supreme Court of the State of New York · 1909
- Scanlon v. KuehnAppellate Division of the Supreme Court of the State of New York · 1929
- Farm Mortgage & Loan Co. v. BealeNebraska Supreme Court · 1925
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