Martin's Bank v. Amazonas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Amazonas Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 23d day of June, 1904, placing the action upon the special calendar of Part II for trial, pursuant to rule 5 regulating Trial Terms in the first judicial district.
1Opinion of the Court
Laughlin, J.:
The plaintiff, a foreign corporation, brings this action upon a foreign bill of exchange accepted by the defendant which is also a foreign corporation in the city of New York. The answer admits the acceptance, but alleges that it was for the accommodation of the drawers and ultra vires and that respondent purchased the bill with knowledge of the facts. The action falls within subdivision 8 of section 191 of the Code of Civil Procedure which gives preference to an action, among others, “ against a corporation, founded upon a note or other evidence of debt for the absolute payment…
2Cases cited1 opinion
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Gehrt v. DeaneCity of New York Municipal Court · 1908
- Martin's Bank, Ltd. v. Amazonas Co.Appellate Division of the Supreme Court of the State of New York · 1904