Corn v. Levy
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, Julia Levy and another, as executors, etc., of Philip Levy, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of Queens on the 25th day of July, 1903, upon the decision of the court, rendered after a trial at the Queens County Special Term, sustaining the plaintiff’s demurrer to the second separate defense contained in the amended answer of the…
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Reargument of an appeal by the defendants, Julia Levy and another, as executors, etc., of Philip Levy, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of Queens on the 25th day of July, 1903, upon the decision of the court, rendered after a trial at the Queens County Special Term, sustaining the plaintiff’s demurrer to the second separate defense contained in the amended answer of the defendants. The decision handed down by the Appellate Division upon the •original argument of this case is reported in…
1Opinion of the Court
Willard Bartlett, J.:
This is an action upon a promissory note for $2,500, brought ■against the executors of the first accommodation indorser by the second accommodation indorser, who has been compelled to pay a ■ judgment recovered against her upon the note by the payee named therein. The answer contains a denial, and in the 2d subdivision thereof a separate defense alleging that “ if the said note set forth ■and described in the complaint was ever indorsed by defendants’ testator,” it was indorsed by him under circumstances therein-.after stated, which circumstances would show' a diversion…
2Cases cited11 opinions
- Phelps v. . VischerNew York Court of Appeals · 1872
- Arthur v. BrooksNew York Supreme Court · 1853
- Jones v. . LudlumNew York Court of Appeals · 1878
- Conger v. JohnstonNew York Supreme Court · 1846
- McMurray & Thomas v. GiffordNew York Supreme Court · 1850
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- 1890 Realty Co. v. FordCivil Court of the City of New York · 1983
- Byk v. WeberNew York Supreme Court · 1946
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