Legal Opinion

Riverside Bank v. Totten

New York Supreme Court

Decided October 24, 1890Published

Appeal from judgment on report of referee. Action by Riverside Bank against William H. De Wolf, Stephen H. Mapes, and John Totten. Plaintiff appeals from the judgment of a referee directing that judgment be entered against plaintiff and in favor of defendant Totten.

1Opinion of the CourtDaniels, J.

The action was commenced against the maker and two indorsers of a promissory note. The maker and payee made no defense, and judgment was taken against them by default. The note was dated on the 1st day of December, 1887, for the sum of $3,000, to the order of Stephen H. Mapes, and became due in three months. It was not paid at the time of its maturity, and was then protested for non-payment. This note was made to renew a preceding note for the same amount, made and indorsed by the same persons. That note was first presented to the plaintiff for discount by the payee, but the bank declined to…

2Cases cited9 opinions

  1. Coulter v. . RichmondNew York Court of Appeals · 1875
  2. Herrick v. CarmanNew York Supreme Court · 1815
  3. Phelps v. . VischerNew York Court of Appeals · 1872
  4. Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872
  5. Grow v. . GarlockNew York Court of Appeals · 1884

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