Western Nat. Bank v. Wood
New York Court of Common Pleas
Appeal from city court, general term. Action by the Western National Bank of the City of New York against Frederick Wood, impleaded with J. Wesley Smith, on a promissory note. From a judgment of the general term of the city court, affirming a judgment entered on a verdict for plaintiff, and affirming an order denying a motion on the minutes for a new trial, defendant appeals. Reversed. For report of decision of the city court, see 18 N. Y. Supp. 718.
1Opinion of the CourtBischoff, J.
Plaintiff, as indorsee, sued defendant Wood to recover upon a promissory note made by him to the order of J. Wesley Smith, by whom it was indorsed, and thereupon delivered by Wood to the Homestead Bank, before maturity. Wood did not dispute the making of the note; nor its delivery to the Homestead Bank, but asserted, as a defense to any liability on his part, that the note was made and delivered to the Homestead Bank to secure it for the repayment of an equivalent sum advanced to Wood to enable him to complete certain buildings, then in|course of construction, for their joint account; that it…
2Cases cited1 opinion
- Homestead Bank v. WoodNew York Court of Common Pleas · 1892