American Trust Co. v. Manley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lucius N. Manley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of December, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of December, 1919, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kelly, J.:
The defendant was an accommodation indorser upon a promissory note for $2,040 made by C. Gardner Miller and Arthur E. Miller to the order of Queens County Trust Company, dated May 19, 1915, and payable on demand without interest. The note was not presented for payment or protested until December 6, 1918, after the lapse of three years, - six *812months and seventeen days. The defendant indorser insists that such an interval exceeds a reasonable time and goes beyond the decided cases. Certainly it is a wide departure from the original conception of the liability of indorsers upon this…
2Cases cited4 opinions
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Commercial National Bank v. ZimmermanNew York Court of Appeals · 1906
- Sice v. CunninghamNew York Supreme Court · 1823
3Cited by4 opinions
- Klemann v. CollinsAppellate Division of the Supreme Court of the State of New York · 1928
- New Rochelle Securities Co. v. International Thrift Society, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
- New Rochelle Securities Co. v. International Thrift Society, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
- Schaick v. Bank of YorktownNew York Supreme Court · 1934