First National Bank v. . Wood
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the City of Buffalo, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought against defendant as indorser of certain promissory notes made by one Devenport and discounted by plaintiff. The defendant was an accomniodation indorser, which the plaintiff knew when it diséounted the notes.
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Appeal from judgment of the General Term of the Superior Court of the City of Buffalo, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought against defendant as indorser of certain promissory notes made by one Devenport and discounted by plaintiff. The defendant was an accomniodation indorser, which the plaintiff knew when it diséounted the notes. The answer sets up that previous to the making of the notes, Devenport had been a customer of the plaintiff, keeping a large account with it, and procuring loans and…
1Opinion of the CourtMiller, J.
The defendant was an indorser upon the notes in suit, for one Devenport, who kept an account with the plaintiff, and had arranged for a line of discounts, which was secured by mortgages upon real estate. The defendant set up in his answer, and offered to prove that he indorsed said notes for the accommodation of the maker, without any security or protection whatever, except such as was afforded by the mortgages above mentioned, which by their terms were executed and delivered as security for paper of this character; that the plaintiff had full knowledge of the character of the indorsement,…
2Cases cited3 opinions
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
- Wright v. AustinNew York Supreme Court · 1865
- Atlantic Nat. Bank of N.Y. v. . FranklinNew York Court of Appeals · 1873
3Cited by37 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Kinsel v. BallouCalifornia Supreme Court · 1907
- Cooper Grocery Co. v. StrangeTexas Commission of Appeals · 1929
- Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
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