Gardner v. Pitcher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Nellis, as administrator, etc., of Wilbur F. Porter, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Jefferson on the 13.th day of January, 1905, upon the verdict of a jury ; also from an order bearing daté, the 9th. day of January, 190'5,. and entered in-said clerk’s office^ denying , the said defendant’s motion for a new trial made upon the minutes, and also from…
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Appeal by the defendant, Joseph Nellis, as administrator, etc., of Wilbur F. Porter, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Jefferson on the 13.th day of January, 1905, upon the verdict of a jury ; also from an order bearing daté, the 9th. day of January, 190'5,. and entered in-said clerk’s office^ denying , the said defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 13th day of January, 1905, awarding costs to the plaintiff against the…
1Opinion of the Court
McLennan, P. J.:
Upon this appeal the genuineness of the note or the. fact of its indorsement by appellant’s intestate is not questioned. The note was dated Adams, N. Y., January 19, 1901; was for $415, payable six months after date, and, as stated, was indorsed by appellant’s intestate. On the 19th day of July, 1901, the day when the note became due, it was duly protested for non-payment and notice thereof was given to the maker and to Nellis as administrator of the estate of the indorser Porter, he having died on the nineteenth day of May previous. On the day when the note became due $112.45…
2Cases cited7 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Elliot v. Cronk'sNew York Supreme Court · 1834
- Cox v. . PearceNew York Court of Appeals · 1889
- Peters v. StuartNew York Court of Common Pleas · 1893
- Potts v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by1 opinion
- Miller v. LongshoreAppellate Division of the Supreme Court of the State of New York · 1911