Legal Opinion

Auburn City National Bank v. . Hunsiker

New York Court of Appeals

Decided January 29, 1878PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and affirming an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and affirming an order denying a motion for a new trial. This action was upon a promissory note, made and executed by the Skaneateles Iron Works and indorsed, among others, by defendants, Elias Hunsiker and George H. Earll, for the accommodation of said corporation, and discounted by plaintiff. The defense was that after the indorsers were duly charged the note was paid by the substitution of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This case involves a question whether there was an extension of the time of payment of the note upon which this action was brought, and a suspension of the right of action on the same, by the substitution of a renewal note not indorsed by the defendants, and when this renewal note became due by the discounting of another note to take up the first renewal note, which also was without the indorsement of the defendants, who have appealed.

The judge upon the trial…

2Cases cited1 opinion

  1. Place v. . McIlvainNew York Court of Appeals · 1868

3Cited by3 opinions

  1. Graham v. NegusNew York Supreme Court · 1890
  2. Citizen's National Bank v. WilsonSupreme Court of Iowa · 1903
  3. Loonam v. MyersNew York Court of Common Pleas · 1886

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