Ross v. . Hurd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upoji an order denying a motion for a new trial, and directing judgment on a verdict. This was an action upon a promissory note made by defendant Kingsbury, and indorsed by defendant Hurd for the accommodation of the maker. Hurd alone defended. The evidence is sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upoji an order denying a motion for a new trial, and directing judgment on a verdict. This was an action upon a promissory note made by defendant Kingsbury, and indorsed by defendant Hurd for the accommodation of the maker. Hurd alone defended. The evidence is sufficiently set forth in the opinion. The court at the close of the evidence nonsuited the plaintiff, to which plaintiff’s counsel duly excepted. As the indorser had all the knowledge necessary to inform him of the demand of payment…
1Opinion of the CourtAndrews, J.
There was no demand or notice of nonpayment of the note when it became due, and the plaintiff was not relieved from the necessity of making a demand and giving notice, by what occurred between the plaintiff and the defendant, at the interview on the first or second day of November, 1872, before the maturity of the note.
The evidence is that Kingsbury, the maker of the note, a few days before that time, had applied to the plaintiff to extend the time of payment ninety days, and the plaintiff consented to do so, if the note was kept good and secure. Tha plaintiff afterwards went to the bank and…
2Cited by15 opinions
- Cady v. . BradshawNew York Court of Appeals · 1889
- Commonwealth Fuel Co. v. Powpit Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Clark v. TryonNew York Court of Common Pleas · 1893
- In re the Judicial Settlement of the Account of Proceedings of MandelbaumNew York Surrogate's Court · 1913
- Schierl v. BaumelWisconsin Supreme Court · 1889
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