National Park Bank v. . Koehler
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, both parties having requested the direction of a verdict and the jury having been thereupon discharged. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, both parties having requested the direction of a verdict and the jury having been thereupon discharged. The nature of the action and the facts, so far as material, are stated in the opinion. The unconditional acceptance by the National Park Bank of new notes from the maker, the Para Recovery Company, on July 22, 1907, the date of the maturity of the note sued on, in…
1Opinion of the CourtGray, J.
The plaintiff has sued the defendant as an accommodation indorser upon a note, made by the Para Eecovery Company; whereby that company, four months after date, promised to pay to its own order the sum of $15,000. This note it indorsed over to the plaintiff for value, with the defendant’s indorsement added to secure its credit. The defense interposed to the suit was that the defendant had been discharged, as indorser, through an extension of the time of payment of the note, prior to its maturity, without his consent, by the taking of new notes payable at future dates. At the conclusion of the…
2Cases cited6 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Putnam v. LewisNew York Supreme Court · 1811
- Place v. . McIlvainNew York Court of Appeals · 1868
- Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855
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3Cited by35 opinions
- Becker v. FaberNew York Court of Appeals · 1939
- Bier Pension Plan Trust v. Estate of SchneiersonNew York Court of Appeals · 1989
- Columbia Broadcasting System, Inc. v. Stokely-Van Camp, Inc.Court of Appeals for the Second Circuit · 1975
- Indianapolis Morris Plan Corp. v. KarlenNew York Court of Appeals · 1971
- Hall & Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1970
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