Central Bank v. Thein
New York Supreme Court
Appeal from special term, Monroe county. Action by the Central Bank of Rochester against John G. Thein, August F. Suss, Joseph L. Schmitt, Michael Bauman, Louis Manz, and Henry B. Helling on a promissory note. From an order striking out the answer of defendants, and from the judgment thereupon entered in favor of plaintiff, defendants appeal. Reversed.
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Appeal from special term, Monroe county. Action by the Central Bank of Rochester against John G. Thein, August F. Suss, Joseph L. Schmitt, Michael Bauman, Louis Manz, and Henry B. Helling on a promissory note. From an order striking out the answer of defendants, and from the judgment thereupon entered in favor of plaintiff, defendants appeal. Reversed. The plaintiff, ty its complaint, alleges that the Solidarity Co-operative Clothing Company made its promissory note of date December 23, 1892, whereby ,it promised to pay at the banking office of the plaintiff $2,000, to the order of the…
1Opinion of the CourtBradley, J.
The allegations of the answer are to the effect that the plaintiff had of the amount of the funds deposited by the maker of the note, at the time of its maturity, sufficient to pay it. If that were so, it was the duty of the plaintiff to charge up the amount of the note to-the maker, and thus satisfy it Aetna Nat. Bank. v. Fourth Nat. Bank, 46 N. Y. 82-88; Indig v. Bank, 80 N. Y. 100-106; Robarts v. Tucker, 16 Adol. & E. (N. S.) 560-578. And if the balance continued to be and was adequate to pay the note up to the time this action was commenced, that fact was then a defense available to the…
2Cases cited7 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Wayland v. . TysenNew York Court of Appeals · 1871
- Indig v. . National City BankNew York Court of Appeals · 1880
- Robert Gere Bank v. InmanNew York Supreme Court · 1889
- Barney v. KingNew York Supreme Court · 1891
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3Cited by2 opinions
- Schlesinger v. WiseAppellate Division of the Supreme Court of the State of New York · 1905
- Salt Springs National Bank v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1933