Hood v. Hallenbeck
New York Supreme Court
Appeal by the defendants from a judgment rendered against them on the direction of a justice of this court, before whom the case was tried without a jury. The action was against the defendants as makers and indorsers of a promissory note in the words and figures following, to wit: “ $550. Hudson, June 1, 1871. “ Six mouths after date we promise to pay to the order of Peter J. Bachman five hundred and fifty dollars, with interest, for value received.
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Appeal by the defendants from a judgment rendered against them on the direction of a justice of this court, before whom the case was tried without a jury. The action was against the defendants as makers and indorsers of a promissory note in the words and figures following, to wit: “ $550. Hudson, June 1, 1871. “ Six mouths after date we promise to pay to the order of Peter J. Bachman five hundred and fifty dollars, with interest, for value received. Indorsed as follows, to wit: “ Interest paid to April 1, 1872. “ Interest paid to April 1, 1873. “ Witlr waiver of protest. “PETER J. BACHMAN. “…
1Opinion of the Court
Bockes, J.:
The right of action against Bachman, Hallenbeck and Hull, as indorsers, seems to be well established in this case. The note was set out in the complaint with the indorsements in full; and all *364necessary averments were made to charge those persons as indorsers. They denied their liability. On the trial, the genuineness of their signatures was admitted under an express waiver of protest. They indorsed “ with waiver of protest! Such waiver relieved the holder from making demand and giving notice of non-payment. (1 N. Y., 186 ; 9 id., 279, 291; 12 id., 551, 554; 40 id. [3 Keyes], 278; 3…
2Cases cited17 opinions
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
- Brockway v. AllenNew York Supreme Court · 1837
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- White v. SkinnerNew York Supreme Court · 1816
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