Alleman v. Bowen
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Charles Alleman against Ralph S. Bowen and another, as indorser and maker, respectively, of a promissory note. From a judgment entered on a verdict directed for plaintiff, defendant Bowen appeals.
1Opinion of the CourtMartin, J.
This action was against the maker and indorser of a promissory note. No one defended except the appellant, who was the payee and first indorser. While the complaint contained allegations that the note was duly presented, at the place where the same was made payable, for payment, and payment thereof duly demanded, which was refused, it contained no allegation that notice of such demand and refusal was given to the appellant. At the opening of the trial the appellant moved to dismiss the complaint as to himself on the ground that it did not state facts sufficient .to constitute a cause ■of…
2Cases cited7 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Cook v. . WarrenNew York Court of Appeals · 1882
- Meyer v. . HibsherNew York Court of Appeals · 1872
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3Cited by1 opinion
- Furlong v. Agricultural Ins.New York Supreme Court · 1892