First National Bank v. . Dana
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and also affirming an order denying a motion to set aside the verdict and for a new trial. This action was brought upon a promissory note made by the defendant, payable to the order of the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and also affirming an order denying a motion to set aside the verdict and for a new trial. This action was brought upon a promissory note made by the defendant, payable to the order of the plaintiff. The answer admitted the making of the note, and set up by way of defense ; That the defendant deposited Avith the plaintiff, as collateral security for the payment of the note, $10,000 in stock certificates of the Chicago Republican…
1Opinion of the CourtMiller, J.
The judge upon the trial held that the plaintiff’s reply to the defendant’s answer admitted that they did agree that, in case the defendant would sue in his own name the Chicago Bcpublican Company to enforce the payment of the note, that the plaintiff would not proceed against him until judgment was recovered in that action j that this should be taken as the limit of liability ; and that there would be no other forbearance created in the proposition contained in the letter of the plaintiff’s cashier to the defendant, upon a fair construction of its language. The case was disposed of upon the…
2Cases cited5 opinions
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Winchell v. . HicksNew York Court of Appeals · 1859
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Gardner v. ClarkNew York Supreme Court · 1854
- Jennings v. SherwoodSupreme Court of Connecticut · 1830
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- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
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- Paltey v. . EganNew York Court of Appeals · 1910
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
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