Nagel v. Lutz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George F. Lutz and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 30th day of December, 1898, upon the decision of the court rendered after a trial at the Erie Special Term, overruling their demurrer to the plaintiffs’ amended complaint.
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Appeal by the defendants, George F. Lutz and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 30th day of December, 1898, upon the decision of the court rendered after a trial at the Erie Special Term, overruling their demurrer to the plaintiffs’ amended complaint. The Special Term found: (1) That the causes of action in said complaint set forth are properly joined therein. (2) That the plaintiffs in this action are properly joined as parties plaintiff herein. The amended complaint alleged…
1Opinion of the Court
Hardin, P. J.:
The instrument set out in the complaint is a novelty. It contains two promissory notes, one of which is negotiable and was given for $750 ; the other is non-negotiable and was given for $750. The first runs to the plaintiff Nagel, and the second runs to, and is made payable to, the plaintiff Callahan. Plaintiffs have set out facts meagrely in respect to the indorsements made by the appellants, with a view of bringing the case within the doctrine laid down in Moore v. Cross (19 N. Y. 227), in which case it was held, viz.: “ One who, for the accommodation of the maker, indorses…
2Cases cited16 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Moore v. . CrossNew York Court of Appeals · 1859
- Tate v. Ohio & Mississippi RailroadIndiana Supreme Court · 1858
- Murray v. HayNew York Court of Chancery · 1845
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3Cited by7 opinions
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- Jerome v. RustSouth Dakota Supreme Court · 1907
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