National Bank of Gloversville v. . Place
New York Court of Appeals
Appeal by defendant Place from a judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made November 26, 1879, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal by defendant Place from a judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made November 26, 1879, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a promissory note dated September 27,1876, made by defendant Jonathan Wooster, payable to the order of defendant M. L. Wooster, and indorsed by him and by defendants O. W. Tho.mas and Isaac Y. Place- The material facts are stated in the opinion. The contract between J. Wooster and the bank was not void as a variation…
1Opinion of the CourtAndrews, J.
The only question on this appeal is, whether there was a consideration for the defendant’s indorsement of the note of September 27, 1876, upon which the action is brought. This note was made to take up a prior note for the same amount, dated May 24,1876, at four months, held by the plaintiff, purporting to have been made and indorsed by the same parties, and was used for that purpose.
The genuineness of the indorsement of the note in suit was admitted, but the defendant Place denied the genuineness of the indorsement of the prior note, purporting to have been indorsed by him, and claimed that…
2Cited by5 opinions
- Bernheimer v. . RindskopfNew York Court of Appeals · 1889
- Nordlinger v. . AndersonNew York Court of Appeals · 1890
- J. H. Mohlman Co. v. McKaneAppellate Division of the Supreme Court of the State of New York · 1901
- J. H. Mohlman Co. v. McKaneAppellate Division of the Supreme Court of the State of New York · 1901
- Weaver v. FarringtonCity of New York Municipal Court · 1893