Concord Granite Co. v. French
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court entered upon the decision of the court upon a trial without a jury. The facts are stated in the opinion.
1Opinion of the CourtBeach, J.
This action was properly brought against the defendant as maker of the note. Thereafter and before answer, the sum due upon it was paid the plaintiff presumably by the payee and indorser, and the defendant, among other minor defenses, alleged in his answer, that such payment was made by the indorser, and the plaintiff, was not the real party in interest. The learned court below was not called upon to decide any other question. It was found that the indorser did not pay until after the commencement of this action.
It seems the contention between the parties only affects the question of costs.…
2Cited by2 opinions
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