Legal Opinion

Madison County Trust & Deposit Co. v. Smith

New York Court of Appeals

Decided July 19, 1932PublishedCited by 6 opinions

1Opinion of the CourtO’Brien, J.

This action, begun August 30, 1929, is for the recovery of a balance on a demand note dated March 7, 1919, made by defendant Smith and indorsed by appellants Getman, Bedell and Miller as well as six other defendants who are not represented on this appeal. The principal defense of these three appellants is the Statute of Limitations. Payments on the note were made by -Smith as late as May 8, 1924, but the trial justice, without a jury, held that such payments by the maker of the note did not toll the running of the statute as against the indorsers. The Appellate Division reversed and decided…

2Cases cited6 opinions

  1. Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
  2. Aalholm v. . PeopleNew York Court of Appeals · 1914
  3. Bonnette v. . MolloyNew York Court of Appeals · 1913
  4. Brooklyn Savings Bank v. Wechsler EstateNew York Court of Appeals · 1932
  5. Schnibbe v. GlenzNew York Court of Appeals · 1929

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3Cited by6 opinions

  1. Matter of Small v. MossNew York Court of Appeals · 1938
  2. Cassino v. YacevichAppellate Division of the Supreme Court of the State of New York · 1941
  3. King v. KingAppellate Division of the Supreme Court of the State of New York · 1961
  4. Woodside Station Corp. v. BriegerAppellate Division of the Supreme Court of the State of New York · 1940
  5. Hawley v. SullivanAppellate Division of the Supreme Court of the State of New York · 1933

1 more not listed; retrieve them via the Exa API.

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