Lee v. . Selleck
New York Court of Appeals
The appeal is from an order of the Supreme Court at the General Term in the second district, reversing the judgment at Special Term, in favor of the defendant, and granting a new trial. The case, as decided in that court, is reported in 32 Barbour, 522. The appellant was sued in this State as indorser of a promissory note for $3,378.75, made in August, 1857, and payable eight months after date, at George Selleek’s bank, Morris, Illinois, with current exchange on New York.
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The appeal is from an order of the Supreme Court at the General Term in the second district, reversing the judgment at Special Term, in favor of the defendant, and granting a new trial. The case, as decided in that court, is reported in 32 Barbour, 522. The appellant was sued in this State as indorser of a promissory note for $3,378.75, made in August, 1857, and payable eight months after date, at George Selleek’s bank, Morris, Illinois, with current exchange on New York. The facts material to the'issue, as found by the judge, are substantially these: The note at maturity was duly presented…
1Opinion of the CourtPortee, J.
If the contract of the indorser was made in the city of Hew York, and in contemplation of its performance there, the plaintiffs were entitled to judgment. The note, though made in Hew York, was payable in Illinois; and its legal effect, so far as the maker was concerned, depended on the law of that State. The engagement of the indorser, though auxiliary in its character, was an independent contract ; and it could only be fulfilled by direct payment to the plaintiffs, who were residents of the city of Hew York. The maker reserved the right to pay the note when it matured, at the bank of the…
2Cases cited1 opinion
- Schuttler v. PiattIllinois Supreme Court · 1851
3Cited by24 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Staples v. . NottNew York Court of Appeals · 1891
- Akers v. DemondMassachusetts Supreme Judicial Court · 1869
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
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