Westchester Mortgage Co. v. Thomas B. McIntire, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Foster, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of January, 1916, upon the verdict of á jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case.
1Opinion of the Court
Thomas, J.:
The court directed a verdict for the plaintiff in an action on a note. The note is signed “Thomas B. McIntire, Inc., by Thomas B. McIntire, Pres.;” its date is March 20, 1914; it is for $1,000, payable to the order of the plaintiff at the Mount Pleasant Bank. Under the same date the appellant Foster and Thomas B. McIntire executed a guaranty of payment of the note, and guaranteed Jonathan Holden against damage by reason of his indorsement of the note. Holden, induced among other things by the guaranty, indorsed the note; the bank discounted it. It was payable on May nineteenth. On…
2Cases cited10 opinions
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Philbrooks v. McEwenIndiana Supreme Court · 1868
- Barhydt v. . EllisNew York Court of Appeals · 1871
- Wells v. . MannNew York Court of Appeals · 1871
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3Cited by5 opinions
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- Leslie Fay, Inc. v. RichDistrict Court, S.D. New York · 1979
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- Bank v. SilverAppellate Terms of the Supreme Court of New York · 1969
- Durand v. LipmanCity of New York Municipal Court · 1937