Legal Opinion

Homestead Bank v. Wood

New York Court of Common Pleas

Decided November 7, 1892PublishedCited by 3 opinions

Appeal from city court, general term. Action by the Homestead Bank against Frederick Wood, as indorser, impleaded with Edward R. Teller,'on a promissory note. From a judgment of the general term of the city court, affirming a judgment entered on a verdict directed for plaintiff, and affirming an order denying a motion.on the minutes for a new tidal, (18 H. Y. Supp. 718,) defendant appeals. Reversed.

1Opinion of the CourtBischoff, J.

Plaintiff sued to recover from,defendant Wood, as indorser, the amount of a promissory note made by one Edward R. Teller to the order of Wood, and alleged to have been indorsed, negotiated, and delivered, be*641fore maturity, and for value, by him to plaintiff. Wood did not dispute the facts of the indorsement and delivery of the note, but asserted, as a defense to any liability on his part, that the note was indorsed and delivered to plaintiff to secure it for the repayment of an equivalent sum advanced to Wood to enable him to complete certain buildings, then in the course of construction, for…

2Cases cited4 opinions

  1. Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
  2. Bookstaver v. . JayneNew York Court of Appeals · 1875
  3. Cushman v. Family Fund SocietyNew York Court of Common Pleas · 1891
  4. Isaacs v. JacobsNew York Court of Common Pleas · 1890

3Cited by3 opinions

  1. Fareira v. SmithNew York Court of Common Pleas · 1893
  2. Pelgram v. EhrenzweigAppellate Terms of the Supreme Court of New York · 1908
  3. Western Nat. Bank v. WoodNew York Court of Common Pleas · 1892

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