Arnson v. Abrahamson
New York Court of Common Pleas
Appeal from fourth district court. Action by Paula Arnson against Wolf Gekowsky and Max Abrahamson and Nathan Storm. The two last-named defendants appeal from the judgment entered in favor of plaintiff.
1Opinion of the CourtLarremore, C. J.
This ivas an action brought upon a promissory note against the defendant Gekowsky, the maker, and the defendants Max Abrahamson and Nathan Storm, two indorsers upon the note. It was insisted as a defense that the note was a forgery, upon which an issue was framed and tried, and a verdict rendered in favor of the defendant. The indorsers claimed 'that they were discharged from liability on account of said alleged forgery.
It is a well-settled legal principle that an indorser impliedly warrants that the instrument is not forged; and, if it is, he is liable upon this warranty. He cannot question…
2Cases cited9 opinions
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Grant v. EllicottNew York Supreme Court · 1831
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
- Shaver v. EhleNew York Supreme Court · 1819
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3Cited by1 opinion
- Beall v. General Electric Co.New York Supreme Court · 1896