Booth v. . Farmers and Mechanics' Nat. Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Hun, 258; reported on a former trial, 50 N. Y., 396.) The action was brought to recover for an alleged wrongful discharge by the Farmers and Mechanics’ Bank of Rochester (a State institution, of which this defendant is the successor), of a judgment in favor of the bank, after the judgment had been assigned to the present plaintiff. Upon the trial, the following facts appeared; On the 1st of September, 1860,…
1Opinion of the CourtRapallo, J.
The note upon which the judgment in controversy was recovered was in fact a joint obligation of the McLeans, Goddard and Flint, as between themselves, though in form Flint was indorser and the others were makers. It was made and indorsed for the purpose of raising money to be employed in the partnership business of the makers and indorser, and the proceeds of its discount were so used. The judgment was against the makers only, a separate judgment having been afterwards entered up against the indorser, but a payment in full by either of the co-partners had the same effect upon these judgments,…
2Cases cited1 opinion
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
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