State National Bank v. Kennedy
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, Anna M. Kennedy and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 21st day of October, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of November, 1910, denying the said defendants’ motion for a new trial made upon the minutes.
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■ Appeal by the defendants, Anna M. Kennedy and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 21st day of October, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of November, 1910, denying the said defendants’ motion for a new trial made upon the minutes. The action was to recover upon a promissory note made October 22-, 1907, for $2,300, payable on demand with interest made .by the “ estate of David Kennedy, By Gilbert F. Kennedy, Eliza B.…
1Opinion of the Court
Kellogg, J.:
The cashier, as a witness, stated that he had informally demanded payment of the note from Gilbert a dozen of times, hut that they were not formal demands of the hank. The note, apparently was not presented and no request or demand was made on Mrs. Kennedy, who joined with Gilbert in making the note. The trial court instructed the jury, in substance, that a mere informal talk asking payment of a note and not accompanied with a presentment of it or intended as a formal presentment and demand was not sufficient to put the note in dishonor. I think this' instruction was well within…
2Cases cited1 opinion
- Gilpin v. . SavageNew York Court of Appeals · 1911
3Cited by2 opinions
- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
- Reynolds v. DoyleCity of New York Municipal Court · 1923