Kingsland Land Co. v. Newman
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, Kings county. Action by the Kingsland Land Company against Benjamin H. Newman. From a judgment entered on a verdict directed by the court in favor of plaintiff, defendant appeals.
1Opinion of the CourtBrown, P. J.
This action was brought to recover upon a promissory note made by Paul C. Grening, and indorsed by the appellant, and discounted by the Commercial Bank of Brooklyn, and transferred to the respondent after maturity. At the close of the testimony, the trial court directed a verdict for the plaintiff, to which defendant excepted.
We are of the opinion that the court erred in holding, as a question of law, that notice of the presentation, demand, and nonpayment of the note by the maker had been given to the appellant. *961That question, upon the testimony, we think, was one of fact, and should have…
2Cases cited1 opinion
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
3Cited by7 opinions
- Jensen v. Traders & General InsuranceCalifornia Court of Appeal · 1956
- National Masonic Accident Ass'n v. BurrNebraska Supreme Court · 1899
- Ronald K. Richardson v. Geneva Brown, Allstate Insurance Company, Garnishee-AppelleeCourt of Appeals for the Tenth Circuit · 1971
- DeVries v. Spring Valley Township Mutual Fire InsuranceSupreme Court of Minnesota · 1926
- First National Bank v. Star Watch Case Co.Michigan Supreme Court · 1915
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