Merchants & Manufacturers' National Bank v. Cumings
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 18, 1894, which affirmed a judgment in favor of plaintiff rendered upon a decision of the court on trial without a jury. The. action was brought upon a .promissory note, against the maker and indorser. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 18, 1894, which affirmed a judgment in favor of plaintiff rendered upon a decision of the court on trial without a jury. The. action was brought upon a .promissory note, against the maker and indorser. The facts, so far as material, are stated in the opinion. The face and back of the instrument upon which this action is brought must be considered together as forming one and the same instrument, which is the contract, by the terms of which the parties are bound, if…
1Opinion of the Court
Andrews, Ch. J.
The facts briefly are, that on the 18th day of. March, 1893, one John L. Cumings indorsed the note of one Joseph Cumings for his accommodation, dated on that day, for the sum of $2,000, payable to the order of John L. Cumings three months after date, at the plaintiff’s bank, where it was discounted. Contemporaneously witli the indorsement, and to induce John L. Cumings tó indorse the "same, Joseph Cumings made his certain other note of the same date and amount, and payable at the same time and place as the former note, to his own order, and thereupon indorsed his own name…
2Cases cited4 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Vail v. . FosterNew York Court of Appeals · 1850
- Hapgood v. WellingtonMassachusetts Supreme Judicial Court · 1884
- Russell v. La RoqueSupreme Court of Alabama · 1847
3Cited by7 opinions
- Grandison v. National Bank of CommerceCourt of Appeals for the Second Circuit · 1916
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Barth v. GrafWisconsin Supreme Court · 1898
- State-Planters' Bank & Trust Co. v. First Nat. Bank of VictoriaCourt of Appeals for the Fourth Circuit · 1935
- Mathesius v. Brooklyn Heights R.U.S. Circuit Court for the District of Eastern New York · 1899
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