Century Bank v. Breitbart
New York Supreme Court
Action by the Century Bank of the City of New York against Maylich Breitbart and Berta Breitbart on a note. Judgment entered against Maylich Breitbart by default, and directed in favor of the defendant Berta- Breitbart.
1Opinion of the CourtRansom, J.
[1] The question submitted for my determination, without a jury, was, in substance, whether the plaintiff bank has suffi*589ciently shown that notice of protest was given to the defendant Berta Breitbart, indorser on a promissory note made and delivered by her husband, or whether she was discharged from liability as such indorser by reason of the bank’s failure to give her such notice. Neg. Instr. L. § 160. In addition to an answer which put the allegation of notice in issue, the defendant Berta Breitbart served and filed an affidavit (Code Civ. Proc. § 923) denying that she had ever received-…
2Cases cited13 opinions
- Feigenspan v. McDonnellMassachusetts Supreme Judicial Court · 1909
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
- Union Bank of Brooklyn v. DeshelAppellate Division of the Supreme Court of the State of New York · 1910
- Montgomery County Bank v. . MarshNew York Court of Appeals · 1852
- University Press, John Wilson & Son, Inc. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by1 opinion
- Arnett v. ClackArizona Supreme Court · 1921